Archive Decision

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Northern Southern TC 13 January 2021 – R 1 – Chair, Mr N Skelt

ID: JCA16004

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr M Hurrell - Junior Driver

Other Person:
Miss R Haley - Stipendiary Steward

Information Number:
A10657

Hearing Type:
Hearing

New Charge:
Failed to maintain a straight course in the run home resulting in interference

Rules:
869(4) Home Straight Regulations

Plea:
admitted

Meet Title:
Northern Southland TC - 13 January 2021

Meet Chair:
NSkelt

Race Date:
2021/01/13

Race Number:
R 1

Decision:

As Mr Hurrell has admitted the breach the charge was therefore found proved.

Penalty:

Mr Hurrell’s application for a deferment until after racing at Winton on 20th January is granted.

Accordingly Mr Hurrell is suspended from the conclusion of racing 20th January 2021 up to and including 24th January 2021 (two days).

Facts:

Following the running of Race 1 Advance Agricultural Trot, an Information A10657 was filed by Stipendiary Steward Mr V Munro against Junior Driver Mr M Hurrell alleging a breach of rule 869 (4) in that when driving Tease with my Tartan he failed to maintain a straight course in the run home resulting in interference to Dem Bones Dem Bones (M Williamson).

Rule 869 (4) reads as follows:

(4) 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.

Relevant Home Straight Regulation

7. Except where the driver is making a move pursuant to Rule 869 (7) and subject to the preceding provision of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight course as possible to the finish line.

Mr Hurrell had indicated on this Information that a breach of the Rules was admitted which he confirmed at the hearing. He also acknowledged he understood the Rule he was charged with.

It was agreed and acknowledged at the outset or the hearing that the evidence given at the protest hearing Information was accurate and accepted by all parties.

Mr Munro replayed the video clips of the incident.

Submissions for Penalty:

Mr Munro informed the Committee that Mr Hurrell has no breaches under this Rule. An aggravating factor was that his horse Tease My Tartan had been relegated from third placing to fourth placing affecting the owners of the horse stake money and the betting public.

Mr Munro stated that Mr Hurrell was a very busy successful Junior Driver, and that he had admitted the breach at the first opportunity. Mr Munro submitted that a two to three day suspension be considered as penalty in this case.

Mr Munro also submitted Mr Hurrell would normally drive three to four horses per race day and that he had 320 drives last season and 194 drives so far this season.

Mr Hurrell sought a deferment until after racing at Winton Harness on 20th January 2021 as he confirmed he has engagements driving his employer's (Miss Hoffman) horses.

Mr Hurrell also requested the Committee consider a one day suspension and a fine.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a $300 fine or a six drive suspension for a mid range breach of this rule.

The Committee assesses the breach to be mid range however the consequences of the horse being relegated are significant both to the owners and the betting public.

We determine a starting point being a three day suspension with a reduction of one day for Mr Hurrell’s outstanding driving record and admittance of the breach.

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: ae07215264c89f75ecb6b5dc3ec18c1f


informantnumber: A10657


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to maintain a straight course in the run home resulting in interference


plea: admitted


penaltyrequired: 1


decisiondate: 14/01/2021


hearing_title: Northern Southern TC 13 January 2021 - R 1 - Chair, Mr N Skelt


charge:


facts:

Following the running of Race 1 Advance Agricultural Trot, an Information A10657 was filed by Stipendiary Steward Mr V Munro against Junior Driver Mr M Hurrell alleging a breach of rule 869 (4) in that when driving Tease with my Tartan he failed to maintain a straight course in the run home resulting in interference to Dem Bones Dem Bones (M Williamson).

Rule 869 (4) reads as follows:

(4) 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.

Relevant Home Straight Regulation

7. Except where the driver is making a move pursuant to Rule 869 (7) and subject to the preceding provision of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight course as possible to the finish line.

Mr Hurrell had indicated on this Information that a breach of the Rules was admitted which he confirmed at the hearing. He also acknowledged he understood the Rule he was charged with.

It was agreed and acknowledged at the outset or the hearing that the evidence given at the protest hearing Information was accurate and accepted by all parties.

Mr Munro replayed the video clips of the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hurrell has admitted the breach the charge was therefore found proved.


sumissionsforpenalty:

Mr Munro informed the Committee that Mr Hurrell has no breaches under this Rule. An aggravating factor was that his horse Tease My Tartan had been relegated from third placing to fourth placing affecting the owners of the horse stake money and the betting public.

Mr Munro stated that Mr Hurrell was a very busy successful Junior Driver, and that he had admitted the breach at the first opportunity. Mr Munro submitted that a two to three day suspension be considered as penalty in this case.

Mr Munro also submitted Mr Hurrell would normally drive three to four horses per race day and that he had 320 drives last season and 194 drives so far this season.

Mr Hurrell sought a deferment until after racing at Winton Harness on 20th January 2021 as he confirmed he has engagements driving his employer's (Miss Hoffman) horses.

Mr Hurrell also requested the Committee consider a one day suspension and a fine.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a $300 fine or a six drive suspension for a mid range breach of this rule.

The Committee assesses the breach to be mid range however the consequences of the horse being relegated are significant both to the owners and the betting public.

We determine a starting point being a three day suspension with a reduction of one day for Mr Hurrell’s outstanding driving record and admittance of the breach.


penalty:

Mr Hurrell’s application for a deferment until after racing at Winton on 20th January is granted.

Accordingly Mr Hurrell is suspended from the conclusion of racing 20th January 2021 up to and including 24th January 2021 (two days).


hearing_type: Hearing


Rules: 869(4) Home Straight Regulations


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr M Hurrell - Junior Driver


Otherperson: Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 927997e5feb07a8402e999ca0dbc9add


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


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race_km:


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race_pm2:


meetid: caa8fb642d5e271959a4b76cda304c83


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meet_noreport: 0


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meet_emailed2: 0


meetdate: 13/01/2021


meet_title: Northern Southland TC - 13 January 2021


meet_expappcomment:


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tracklocation: northern-southland-tc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Northern Southland TC