Gore HRC 26 August 2018 – R 9 – Chair, Mr M Conway
ID: JCA13839
Meet Title:
Gore HRC - 26 August 2018
Meet Chair:
MConway
Meet Committee Member 1:
GHall
Race Date:
2018/08/26
Race Number:
R 9
Decision:
Mr Hurrell has admitted the breach and we find the breach proved.
Penalty:
Mr Hurrell is fined the sum of $200.
Facts:
Following the running of Race 9, the Fisken Contracting/Baynes Machinery Mobile Pace, an Information was filed by Stipendiary Steward, Mr Renault against Mr Hurrell, the driver of OMAR SHARIF, alleging that he “used his whip on more occasions than permitted by clause (b) of the Use of Whip Regulations.”
Mr Hurrell signed the Information indicating that he admitted the breach and that he did not wish to be present at the hearing. Mr Renault confirmed the respondent had had an opportunity to view the race films.
Stewards gave Mr Hurrell the opportunity to call on a senior driver for assistance, Mr Renault added. The offer was declined.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Using the race films, Mr Quirk identified OMAR SHARIF improving 3 wide from back of midfield for Mr Hurrell as the field ran past the 400 metre mark. Switching between the main race film and vision from the back straight, Mr Renault then identified 12 whip strikes by Mr Hurrell in the final 400 metres. All of the strikes were made with Mr Hurrell’s whip hand holding the rein.
Mr Renault said that after viewing the film, the Respondent accepted the count as 12 whip strikes inside the final 400 metres.
Submissions for Penalty:
Mr Renault put the Respondent’s record before the Committee. Mr Hurrell has had 22 drives this season and 214 drives last season. He has a clear record in the previous 9 months with regard to this rule. The JCA Penalty Guide recommends a fine of $200 for a first offence in the range of 11-13 whip strikes. Mr Renault said Stewards believed this was an appropriate penalty. He said there were no aggravating or mitigating factors.
Reasons for Penalty:
Mr Hurrell used his whip 12 times inside the final 400 metres. This is his first breach of the rule since the Use of the Whip Regulations came into force on 30 November 2017. His record in the previous 9 months with regard to this rule is clear.
The JCA Penalty Guide for a first offence in the range of 11 to 13 whip strikes calls for a fine of $200.
The breach is low-end and there are no aggravating or mitigating factors.
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: 75e05ba00c7c8d6a3c17a092b5a8c430
informantnumber: A10537
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/08/2018
hearing_title: Gore HRC 26 August 2018 - R 9 - Chair, Mr M Conway
charge:
facts:
Following the running of Race 9, the Fisken Contracting/Baynes Machinery Mobile Pace, an Information was filed by Stipendiary Steward, Mr Renault against Mr Hurrell, the driver of OMAR SHARIF, alleging that he “used his whip on more occasions than permitted by clause (b) of the Use of Whip Regulations.”
Mr Hurrell signed the Information indicating that he admitted the breach and that he did not wish to be present at the hearing. Mr Renault confirmed the respondent had had an opportunity to view the race films.
Stewards gave Mr Hurrell the opportunity to call on a senior driver for assistance, Mr Renault added. The offer was declined.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Using the race films, Mr Quirk identified OMAR SHARIF improving 3 wide from back of midfield for Mr Hurrell as the field ran past the 400 metre mark. Switching between the main race film and vision from the back straight, Mr Renault then identified 12 whip strikes by Mr Hurrell in the final 400 metres. All of the strikes were made with Mr Hurrell’s whip hand holding the rein.
Mr Renault said that after viewing the film, the Respondent accepted the count as 12 whip strikes inside the final 400 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hurrell has admitted the breach and we find the breach proved.
sumissionsforpenalty:
Mr Renault put the Respondent’s record before the Committee. Mr Hurrell has had 22 drives this season and 214 drives last season. He has a clear record in the previous 9 months with regard to this rule. The JCA Penalty Guide recommends a fine of $200 for a first offence in the range of 11-13 whip strikes. Mr Renault said Stewards believed this was an appropriate penalty. He said there were no aggravating or mitigating factors.
reasonsforpenalty:
Mr Hurrell used his whip 12 times inside the final 400 metres. This is his first breach of the rule since the Use of the Whip Regulations came into force on 30 November 2017. His record in the previous 9 months with regard to this rule is clear.
The JCA Penalty Guide for a first offence in the range of 11 to 13 whip strikes calls for a fine of $200.
The breach is low-end and there are no aggravating or mitigating factors.
penalty:
Mr Hurrell is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Guidelines
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7014ca03c0f6e885faaf2171584d14b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e44d83a1370c0e7a9efe2e9572626520
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/08/2018
meet_title: Gore HRC - 26 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: MConway
meet_pm1: GHall
meet_pm2: none
name: Gore HRC