Archive Decision

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Invercargill HRC 21 January 2019 – R 2 – Chair, Prof G Hall

ID: JCA14750

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr M Hurrell - Junior Driver

Other Person:
Mr C Ferguson - Open Horseman - Assisting Mr Hurrell

Information Number:
A12470

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Invercargill HRC - 21 January 2019

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2019/01/21

Race Number:
R 2

Decision:

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

Penalty:

Mr Hurrell is fined the sum of $250.

 

Facts:

Mr Wallis alleged that Mr Hurrell drove carelessly in race 2, the HANLEY FORMULA TOPLINE MUSCLE AT FARMLANDS PACE 2200 metres, by allowing FLOGGING MOLLY to contact the back of MISS WAIKIWI causing it to break and lose all chance.

Mr Wallis demonstrated that FLOGGING MOLLY was racing 4 back on the fence. There was an increase in pace as Mr Morrison challenged for the lead. At the 1400 metres Mr Hurrell raced up on to the back of Ms Tomlinson (MISS WAIKIWI), which caused his horse to break. FLOGGING MOLLY galloped out of the race and lost her chance.

Mr Hurrell said he had lost the back of the horse in front (Ms Tomlinson) and had urged his horse forward to catch up. The pace had steadied and his horse had wanted to go again. He was caught unawares. He said his horse had a tendency to fight the bit.

Mr Ferguson added that the horse was hard in the mouth and had previously proved difficult to drive. Mr N Williamson, who was a senior driver, usually drove it. He believed the respondent had been caught off guard due to a lack of experience.

Mr Hurrell confirmed this was the first time he had driven the horse.

Submissions for Penalty:

Mr Wallis produced the respondent’s record. Mr Hurrell is a busy junior driver. He has had 163 drives this season and 214 last season. His record was clear under this rule.

Mr Wallis said the breach was best described as hitting a wheel and the JCA guideline was 6 drives or a $300 fine. He said as FLOGGING MOLLY had lost her chance in the race through the respondent’s actions, the RIU was seeking an uplift. He added that a discount was appropriate for Mr Hurrell’s good record.

Mr Ferguson emphasised FLOGGING MOLLY was a tricky horse to drive and that the respondent was a junior driver.

Reasons for Penalty:

The breach is low-range. Mr Hurrell has clearly been caught out by an easing of the pace and the fact that FLOGGING MOLLY is not an easy horse to drive. This was his first drive behind the mare. Unfortunately, his hitting the wheel did affect his chances in the race.

We accept that the matter can be dealt with by way of a fine. We uplift to $400 for the fact that FLOGGING MOLLY lost her chance. After considering the respondent’s admission of the breach, his junior driver status, his very good record, and the atrocious weather conditions under which all drivers were competing on the day, this is reduced to a fine of $250.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 77aa27b8fce8fd2fd3fa978c64d81242


informantnumber: A12470


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 24/01/2019


hearing_title: Invercargill HRC 21 January 2019 - R 2 - Chair, Prof G Hall


charge:


facts:

Mr Wallis alleged that Mr Hurrell drove carelessly in race 2, the HANLEY FORMULA TOPLINE MUSCLE AT FARMLANDS PACE 2200 metres, by allowing FLOGGING MOLLY to contact the back of MISS WAIKIWI causing it to break and lose all chance.

Mr Wallis demonstrated that FLOGGING MOLLY was racing 4 back on the fence. There was an increase in pace as Mr Morrison challenged for the lead. At the 1400 metres Mr Hurrell raced up on to the back of Ms Tomlinson (MISS WAIKIWI), which caused his horse to break. FLOGGING MOLLY galloped out of the race and lost her chance.

Mr Hurrell said he had lost the back of the horse in front (Ms Tomlinson) and had urged his horse forward to catch up. The pace had steadied and his horse had wanted to go again. He was caught unawares. He said his horse had a tendency to fight the bit.

Mr Ferguson added that the horse was hard in the mouth and had previously proved difficult to drive. Mr N Williamson, who was a senior driver, usually drove it. He believed the respondent had been caught off guard due to a lack of experience.

Mr Hurrell confirmed this was the first time he had driven the horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Wallis produced the respondent’s record. Mr Hurrell is a busy junior driver. He has had 163 drives this season and 214 last season. His record was clear under this rule.

Mr Wallis said the breach was best described as hitting a wheel and the JCA guideline was 6 drives or a $300 fine. He said as FLOGGING MOLLY had lost her chance in the race through the respondent’s actions, the RIU was seeking an uplift. He added that a discount was appropriate for Mr Hurrell’s good record.

Mr Ferguson emphasised FLOGGING MOLLY was a tricky horse to drive and that the respondent was a junior driver.


reasonsforpenalty:

The breach is low-range. Mr Hurrell has clearly been caught out by an easing of the pace and the fact that FLOGGING MOLLY is not an easy horse to drive. This was his first drive behind the mare. Unfortunately, his hitting the wheel did affect his chances in the race.

We accept that the matter can be dealt with by way of a fine. We uplift to $400 for the fact that FLOGGING MOLLY lost her chance. After considering the respondent’s admission of the breach, his junior driver status, his very good record, and the atrocious weather conditions under which all drivers were competing on the day, this is reduced to a fine of $250.


penalty:

Mr Hurrell is fined the sum of $250.

 


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr M Hurrell - Junior Driver


Otherperson: Mr C Ferguson - Open Horseman - Assisting Mr Hurrell


PersonPresent:


Respondent:


StipendSteward:


raceid: f76068572cccef856a3597d11a54f998


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 999641dc0cc2e1d5ff9f751d4dce90c2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/01/2019


meet_title: Invercargill HRC - 21 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Invercargill HRC