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Forbury Park TC 1 October 2020 – R 3 – Chair, Prof G Hall

ID: JCA13025

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr M Hurrell- Junior Driver

Information Number:
A13220

Hearing Type:
Hearing

New Charge:
Contravention of the Push Out Rule

Rules:
869(4),6(b) and (c)

Plea:
admitted

Meet Title:
Forbury Park TC - 1 October 2020

Meet Chair:
GHall

Race Date:
2020/10/01

Race Number:
R 3

Decision:

As Mr Hurrell has admitted the breach it is found to be proved.

Penalty:

Mr Hurrell is fined the sum of $200.

Facts:

Mr Renault alleged that Mr Hurrell (BOULTON HOME) breached r 869(4),6(b) and (c) in Race 3, in that he forced THE WEST WING (Mr M Williamson) wider on the track prior to the 1000 metres.

Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

While r 869(6) provides:
Subject to sub-rule (4) hereof:-
(a) horseman are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

Mr Renault showed videos of the race in question. He identified BOULTON HOME as racing on the pylons 3 back in the field just before the 1000 metres. Mr Williamson was racing one out behind the Respondent and was progressing forward. Mr Hurrell shifted outwards and pushed Mr Williamson wider on the track. In so doing, Mr Renault said, the Respondent was in contravention of the push out rule. Although Mr Williamson was pushed 3 wide, he obtained a run behind Mr Hurrell and his chances were not significantly affected. Mr Williamson finished ahead of Mr Hurrell.

Mr Hurrell said he had decided to improve forward and had gone to make the move before Mr Williamson was on his outside. BOULTON HOME was slow to react and Mr Williamson was coming up fast. As a consequence, he accepted he had pushed Mr Williamson wider on the track in contravention of the push out Rule.

Submissions for Penalty:

Mr Renault produced Mr Hurrell’s record. He had 320 drives last season and has had 55 this season. He has had no breaches of this Rule in this time. Mr Renault said the starting point in the JCA Penalty Guide is $250. He described Mr Hurrell’s record as good.

Mr Hurrell stated with respect to the gravity of the breach that BOULTON HOME was slow to respond and that Mr Williamson had been coming up fast and had ended up with a better sit in the race.

Reasons for Penalty:

Mr Hurrell has made an outwards movement in contravention of r 869(4) and (6) in that Mr Williamson was forced to race wider on the track just prior to the 1000 metres. The Committee takes the $250 starting point. There is no need to increase this figure. Significantly, unlike many examples of a breach of this Rule, Mr Williamson did not suffer any disadvantage. Credit has to be given for Mr Hurrell’s very good record under this Rule and his admission of the breach.

JCA Decision Fields (raw)

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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 38353f611e9ebc454b2af2ac8a81d952


informantnumber: A13220


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Push Out Rule


plea: admitted


penaltyrequired: 1


decisiondate: 04/10/2020


hearing_title: Forbury Park TC 1 October 2020 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Renault alleged that Mr Hurrell (BOULTON HOME) breached r 869(4),6(b) and (c) in Race 3, in that he forced THE WEST WING (Mr M Williamson) wider on the track prior to the 1000 metres.

Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

While r 869(6) provides:
Subject to sub-rule (4) hereof:-
(a) horseman are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

Mr Renault showed videos of the race in question. He identified BOULTON HOME as racing on the pylons 3 back in the field just before the 1000 metres. Mr Williamson was racing one out behind the Respondent and was progressing forward. Mr Hurrell shifted outwards and pushed Mr Williamson wider on the track. In so doing, Mr Renault said, the Respondent was in contravention of the push out rule. Although Mr Williamson was pushed 3 wide, he obtained a run behind Mr Hurrell and his chances were not significantly affected. Mr Williamson finished ahead of Mr Hurrell.

Mr Hurrell said he had decided to improve forward and had gone to make the move before Mr Williamson was on his outside. BOULTON HOME was slow to react and Mr Williamson was coming up fast. As a consequence, he accepted he had pushed Mr Williamson wider on the track in contravention of the push out Rule.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hurrell has admitted the breach it is found to be proved.


sumissionsforpenalty:

Mr Renault produced Mr Hurrell’s record. He had 320 drives last season and has had 55 this season. He has had no breaches of this Rule in this time. Mr Renault said the starting point in the JCA Penalty Guide is $250. He described Mr Hurrell’s record as good.

Mr Hurrell stated with respect to the gravity of the breach that BOULTON HOME was slow to respond and that Mr Williamson had been coming up fast and had ended up with a better sit in the race.


reasonsforpenalty:

Mr Hurrell has made an outwards movement in contravention of r 869(4) and (6) in that Mr Williamson was forced to race wider on the track just prior to the 1000 metres. The Committee takes the $250 starting point. There is no need to increase this figure. Significantly, unlike many examples of a breach of this Rule, Mr Williamson did not suffer any disadvantage. Credit has to be given for Mr Hurrell’s very good record under this Rule and his admission of the breach.


penalty:

Mr Hurrell is fined the sum of $200.


hearing_type: Hearing


Rules: 869(4),6(b) and (c)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr M Hurrell- Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: afe0930cc9e699bbec624d0e79de4c8c


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


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meetdate: 01/10/2020


meet_title: Forbury Park TC - 1 October 2020


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meet_racingtype: harness-racing


meet_chair: GHall


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name: Forbury Park TC