Gore HRC 27 August 2017 – R 9 – Chair, Mr V Munro
ID: JCA16356
Meet Title:
Gore HRC - 27 August 2017
Meet Chair:
VMUnro
Meet Committee Member 1:
GHall
Meet Committee Member 2:
MConway
Race Date:
2017/08/27
Race Number:
R 9
Decision:
Mr Hurrell having admitted the charge, the charge is proved.
Penalty:
Mr Hurrell is fined $400.
Facts:
Mr Renault, Stipendiary Steward, alleged that Mr Hurrell (JABALI) used his whip in an excessive manner inside the final 400 metres of the Kubala Seeds Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Hurrell had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He also wished to be present at the hearing.
Mr Renault, showed a video replay of the last part of the race. He identified Mr Hurrell (JABALI) positioned in the one by one approaching the 400 metres. He alleged that Mr Hurrell has used his whip a total of 29 times in the last 400 metres, 23 of the hits were with the hand on the rein whilst 6 of the hits were free of the rein. However 16 of the hits whilst on the rein were continuous strikes between the 300 metres to the 150 metres. The guidelines clearly state that you can use the whip holding the rein but it cannot be continuous.
Mr Hurrell stated that his horse JABALI was flat at the 400 metres, and he had got up him as he had a bit left in him. He stated he was doing the best he could and only used the whip 6 times free of the rein in the home straight.
Mr Williamson stated that Mr Hurrell was well under the 10 strike limit, free of the rein but it was the continuous 16 that was the problem. He explained that the issue of using the whip with the rein, that it needed to be broken up, rein, tail or shaft.
He further stated that Mr Hurrell was a Junior Driver and in the heat of the moment, he was trying to do his best as the horse is lazy and was not responding.
Submissions for Penalty:
Mr Renault produced Mr Hurrell’s record, there being one previous breach of this rule in December 2016 where he was suspended for 2 days, this however is outside the six months.
This is the respondent’s second season of driving and to date he has had 5 drives this season with 124 last season.
The starting point for the JCA is $500 fine or 10 drives. Mr Renault stated a low end breach was around the $300 fine, that 29 strikes is certainly in the high range and Stewards would think a fine around the $400 would be appropriate.
Mr Hurrell stated that he preferred a fine in this matter.
Mr Williamson stated that Mr Hurrell, needs to be out on the track and getting more experience and practice. Mr Hurrell needs to learn better ways of getting the best out of his horse and by breaking up the use of the whip.
Reasons for Penalty:
The starting point is a fine of $500 as in the JCA Penalty Guide. The aggravating factor is the number of strikes being 29, although 6 are free of the rein the number is far too high.
Therefore we add $100 to the starting figure.
The mitigating factors are the admission of the breach, Mr Hurrell’s lack of experience, his remorsefulness and the fact he was up front about needing to learn and do better.
We therefore give a credit of $200.
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: a94594ea3f451696d77c8d5f76b595d6
informantnumber: A09854
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/08/2017
hearing_title: Gore HRC 27 August 2017 - R 9 - Chair, Mr V Munro
charge:
facts:
Mr Renault, Stipendiary Steward, alleged that Mr Hurrell (JABALI) used his whip in an excessive manner inside the final 400 metres of the Kubala Seeds Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Hurrell had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He also wished to be present at the hearing.
Mr Renault, showed a video replay of the last part of the race. He identified Mr Hurrell (JABALI) positioned in the one by one approaching the 400 metres. He alleged that Mr Hurrell has used his whip a total of 29 times in the last 400 metres, 23 of the hits were with the hand on the rein whilst 6 of the hits were free of the rein. However 16 of the hits whilst on the rein were continuous strikes between the 300 metres to the 150 metres. The guidelines clearly state that you can use the whip holding the rein but it cannot be continuous.
Mr Hurrell stated that his horse JABALI was flat at the 400 metres, and he had got up him as he had a bit left in him. He stated he was doing the best he could and only used the whip 6 times free of the rein in the home straight.
Mr Williamson stated that Mr Hurrell was well under the 10 strike limit, free of the rein but it was the continuous 16 that was the problem. He explained that the issue of using the whip with the rein, that it needed to be broken up, rein, tail or shaft.
He further stated that Mr Hurrell was a Junior Driver and in the heat of the moment, he was trying to do his best as the horse is lazy and was not responding.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hurrell having admitted the charge, the charge is proved.
sumissionsforpenalty:
Mr Renault produced Mr Hurrell’s record, there being one previous breach of this rule in December 2016 where he was suspended for 2 days, this however is outside the six months.
This is the respondent’s second season of driving and to date he has had 5 drives this season with 124 last season.
The starting point for the JCA is $500 fine or 10 drives. Mr Renault stated a low end breach was around the $300 fine, that 29 strikes is certainly in the high range and Stewards would think a fine around the $400 would be appropriate.
Mr Hurrell stated that he preferred a fine in this matter.
Mr Williamson stated that Mr Hurrell, needs to be out on the track and getting more experience and practice. Mr Hurrell needs to learn better ways of getting the best out of his horse and by breaking up the use of the whip.
reasonsforpenalty:
The starting point is a fine of $500 as in the JCA Penalty Guide. The aggravating factor is the number of strikes being 29, although 6 are free of the rein the number is far too high.
Therefore we add $100 to the starting figure.
The mitigating factors are the admission of the breach, Mr Hurrell’s lack of experience, his remorsefulness and the fact he was up front about needing to learn and do better.
We therefore give a credit of $200.
penalty:
Mr Hurrell is fined $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr M Hurrell - Junior Horseman
Otherperson: Mr N Williamson - Open Horseman, assisting Mr Hurrell
PersonPresent:
Respondent:
StipendSteward:
raceid: 5313e887717fe24f523480858032ee9c
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: 40c98ee5c28ba1913f984014cf1878fa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/08/2017
meet_title: Gore HRC - 27 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: VMUnro
meet_pm1: GHall
meet_pm2: MConway
name: Gore HRC