NZ Metro TC 10 May 2019 – R 2 – Chair, Mr R McKenzie
ID: JCA14288
Meet Title:
NZ Metro TC - 10 May 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2019/05/10
Race Number:
R2
Decision:
Mr Hurrell having admitted the charge, the charge was found proved.
Penalty:
Mr Hurrell’s application for a deferment is granted. His Junior Driver’s licence is suspended from after the close of racing on 17th May next, up to and including 24th May next – 3 days. The meetings intended to be encompassed by the period of suspension are Gore HRC on 18 May, Oamaru HRC on 19 May and NZ Metropolitan TC on 24 May.
Facts:
Following the running of Race 2, Christchurch Casino Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr M D J Hurrell, alleging that Mr Hurrell, as the driver of FUN IN THE DARK in the race, “drove carelessly near the 700 metres by allowing his horse to strike the sulky wheel of B MAC C (J W Cox) causing the tyre to deflate”.
Mr Hurrell had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing and he confirmed that the breach was admitted. He was assisted at the hearing by Licensed Open Horseman, Mr B M Williamson.
Rule 869 provides as follows:
(3) No horseman in any race shall drive-
(b) carelessly.
Mr Ydgren had Stipendiary Steward, Mr S W Wallis, show the incident on video replays. Mr Wallis pointed out FUN IN THE DARK, driven by Mr Hurrell, racing at the rear of the field passing the 800 metres trailing B MAC C, driven by Mr Cox, in the one-out line. Mr Wallis submitted that Mr Hurrell, at the 700 metres, had shifted out to sit on the wheel of Mr Cox in an attempt to flush Mr Cox out. He said that Mr Hurrell had got too close to Mr Cox’s wheel and the near-front leg of his horse had struck the outside sulky wheel of Mr Cox, causing the tyre to deflate. Mr Cox could be seen to look to his right and down at the moment of the incident. Mr Cox had been forced to finish the race with a flat tyre, Mr Wallis said.
Mr Hurrell said that he had been attempting to get Mr Cox out by sitting on his wheel, but had misjudged his outward movement and made “slight contact” with Mr Cox’s wheel. Mr Williamson said that Mr Hurrell’s horse had been racing keenly and Mr Hurrell should have come right out, clear of the wheel, and sat there.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Hurrell had two previous breaches of the Rule on his record – on 21 January 2019 at Invercargill (fined $250) and on 15 February at Addington (suspended 3 days). The most recent of those was 114 drives ago, Mr Ydgren said and the first, 142 drives ago.
Mr Ydgren submitted that the breach involved a simple error of judgement by Mr Hurrell and was at the low end of the scale. His horse had been unaffected, but Mr Cox’s runner was unable to be driven competitively, and he had not activated the gear as a result of the flat tyre. It was difficult to assess the extent to which the chances of Mr Cox’s runner had been affected. The finish of the race was shown to the hearing. It was noted that B MAC C had finished in last placing in the 13-horse field, 7.4 lengths from the winner. Mr Ydgren said that Mr Hurrell should receive credit for his frank admission of the breach and cooperation with the Stewards.
Stewards were recommending a suspension in view of Mr Hurrell’s record, but not necessarily an increase on the recent term of 3 days. A suspension of 4 days might be excessive for this particular breach, he said.
Mr Hurrell submitted that he had only just “nicked” the wheel and did not even realise, at the time, that he had done so. Mr Williamson submitted that the outcome of the race had not been affected.
Mr Hurrell sought a deferment of any term of any suspension until after the Premier meeting at Addington next Friday, 17th May.
Reasons for Penalty:
Because this is Mr Hurrell’s third breach of the Rule, the Committee considers that the appropriate starting point for penalty in this case is the 3-days suspension imposed for the most recent breach. An uplift to 4 days is required for this being the third breach.
Mitigating factors are Mr Hurrell’s frank admission of the breach, the low-end nature of the breach, in which regard we agree with Mr Ydgren, and that Mr Hurrell has had 114 drives since his last breach. The Committee also regards the consequences of the carelessness as being low end, as we do not believe that the chances of Mr Cox’s horse were affected. For a combination of those factors, the Committee gives Mr Hurrell a discount of one day from the uplifted starting point.
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: 70d2d7303050fce40872e8846e8ecd06
informantnumber: A11211
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 13/05/2019
hearing_title: NZ Metro TC 10 May 2019 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Christchurch Casino Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr M D J Hurrell, alleging that Mr Hurrell, as the driver of FUN IN THE DARK in the race, “drove carelessly near the 700 metres by allowing his horse to strike the sulky wheel of B MAC C (J W Cox) causing the tyre to deflate”.
Mr Hurrell had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing and he confirmed that the breach was admitted. He was assisted at the hearing by Licensed Open Horseman, Mr B M Williamson.
Rule 869 provides as follows:
(3) No horseman in any race shall drive-
(b) carelessly.
Mr Ydgren had Stipendiary Steward, Mr S W Wallis, show the incident on video replays. Mr Wallis pointed out FUN IN THE DARK, driven by Mr Hurrell, racing at the rear of the field passing the 800 metres trailing B MAC C, driven by Mr Cox, in the one-out line. Mr Wallis submitted that Mr Hurrell, at the 700 metres, had shifted out to sit on the wheel of Mr Cox in an attempt to flush Mr Cox out. He said that Mr Hurrell had got too close to Mr Cox’s wheel and the near-front leg of his horse had struck the outside sulky wheel of Mr Cox, causing the tyre to deflate. Mr Cox could be seen to look to his right and down at the moment of the incident. Mr Cox had been forced to finish the race with a flat tyre, Mr Wallis said.
Mr Hurrell said that he had been attempting to get Mr Cox out by sitting on his wheel, but had misjudged his outward movement and made “slight contact” with Mr Cox’s wheel. Mr Williamson said that Mr Hurrell’s horse had been racing keenly and Mr Hurrell should have come right out, clear of the wheel, and sat there.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hurrell having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Hurrell had two previous breaches of the Rule on his record – on 21 January 2019 at Invercargill (fined $250) and on 15 February at Addington (suspended 3 days). The most recent of those was 114 drives ago, Mr Ydgren said and the first, 142 drives ago.
Mr Ydgren submitted that the breach involved a simple error of judgement by Mr Hurrell and was at the low end of the scale. His horse had been unaffected, but Mr Cox’s runner was unable to be driven competitively, and he had not activated the gear as a result of the flat tyre. It was difficult to assess the extent to which the chances of Mr Cox’s runner had been affected. The finish of the race was shown to the hearing. It was noted that B MAC C had finished in last placing in the 13-horse field, 7.4 lengths from the winner. Mr Ydgren said that Mr Hurrell should receive credit for his frank admission of the breach and cooperation with the Stewards.
Stewards were recommending a suspension in view of Mr Hurrell’s record, but not necessarily an increase on the recent term of 3 days. A suspension of 4 days might be excessive for this particular breach, he said.
Mr Hurrell submitted that he had only just “nicked” the wheel and did not even realise, at the time, that he had done so. Mr Williamson submitted that the outcome of the race had not been affected.
Mr Hurrell sought a deferment of any term of any suspension until after the Premier meeting at Addington next Friday, 17th May.
reasonsforpenalty:
Because this is Mr Hurrell’s third breach of the Rule, the Committee considers that the appropriate starting point for penalty in this case is the 3-days suspension imposed for the most recent breach. An uplift to 4 days is required for this being the third breach.
Mitigating factors are Mr Hurrell’s frank admission of the breach, the low-end nature of the breach, in which regard we agree with Mr Ydgren, and that Mr Hurrell has had 114 drives since his last breach. The Committee also regards the consequences of the carelessness as being low end, as we do not believe that the chances of Mr Cox’s horse were affected. For a combination of those factors, the Committee gives Mr Hurrell a discount of one day from the uplifted starting point.
penalty:
Mr Hurrell’s application for a deferment is granted. His Junior Driver’s licence is suspended from after the close of racing on 17th May next, up to and including 24th May next – 3 days. The meetings intended to be encompassed by the period of suspension are Gore HRC on 18 May, Oamaru HRC on 19 May and NZ Metropolitan TC on 24 May.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: M D J Hurrell, Licensed Junior Driver
Otherperson: S W Wallis, Stipendiary Steward, J W Cox, Licensed Open Driver, Mr B M Williamson - Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: ac809b85897ede54d6c1142a742c406f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 834a98a2f286e0802a3043878b9a5538
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/05/2019
meet_title: NZ Metro TC - 10 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC