NZ Metro TC 15 February 2019 – R 1 – Chair, Mr R McKenzie
ID: JCA12991
Meet Title:
NZ Metro TC - 15 February 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2019/02/15
Race Number:
R1
Decision:
Mr Hurrell having admitted the breach, the charge was found proved.
Penalty:
Mr Hurrell’s request for a deferment of suspension is granted. Mr Hurrell’s Junior Driver’s licence is suspended from after the close of racing on 22 February 2019 up to and including 26 February 2019 – 3 days. The days intended to be encompassed by that period of suspension are Ashburton TC on 23 February and Waikouaiti TC on 24 and 26 February 2019.
Facts:
Following the running of Race 1, 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 a breach of Rule 869 (3) (b) in that Mr Hurrell, as the driver of JODY DIREEN in the race, he “drove carelessly when contacting the wheel of IDEALOGIST (T M Williams) near the 400 metres”.
Mr Hurrell was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr J W Cox.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren said that Stewards were alleging that Mr Hurrell had shifted away and, in doing so, had made contact with the wheel of IDEOLOGIST (T M Williams) which, it was alleged, was careless.
Mr Hurrell said that he had succeeded in easing out NURBURGRING (S J Ottley) approaching the 400 metres. Just as he gained the necessary advantage to do so, his horse has seen a half-gap between SKY CITY KING (J F Curtin) and IDEOLOGIST. He had nowhere to go and had made contact, as alleged, with the sulky wheel of IDEOLOGIST.
Mr Cox said Mr Hurrell had admitted the breach. It was not tight racing and the horses were not racing side-by-side. Mr Hurrell had been unlucky that his horse had seen the gap and gone to go through it when Mr Hurrell was neither permitted to nor attempting to.
Mr Ydgren agreed that Mr Hurrell had “a handful of horse” at the time and was looking to improve his position into the race. Mr Hurrell has had to ease back slightly to get onto Mr Williams' back and, in doing so, has made a “slight misjudgement” in allowing his horse to make that contact.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Hurrell has had 529 lifetime drives for 42 winners and 191 drives to date this season. He is a very busy Junior Driver and one of the most successful in the country.
Mr Hurrell has a previous breach on 21 January 2019 – fined $250 at Invercargill. That was 27 drives ago, Mr Ydgren said.
Mr Ydgren referred to the Penalty Guide which provides for a second breach within 6 months of a starting point of a 3 days suspension and, he submitted, that would be an appropriate penalty in this case.
Mr Hurrell repeated that his horse had been racing very keenly and he submitted that this had contributed to the incident. He felt it was in order for him to ease out at that point in the race but the horse had seen the gap. He felt he had done his best to avoid the incident but he accepted that it was his obligation to prevent the horse from doing that.
Mr Hurrell requested a deferment of his suspension until after Friday, 22 February, to enable him to drive at Addington on that date and at Forbury Park on 21 February.
Reasons for Penalty:
The Penalty Guide suggests a starting point of a 3 days suspension for a second breach of the careless driving Rule within 6 months. That is the appropriate starting point in this case. There are no real aggravating factors requiring an uplift to that starting point. The mitigating factor is Mr Hurrell’s admission of the breach. That would normally suggest a discount from the starting point. However, the Committee takes the view that, taking all factors into account, the appropriate penalty for this breach is one of a 3 days suspension.
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: 72938043528b91e81a07020ff4c52139
informantnumber: A12425
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 20/02/2019
hearing_title: NZ Metro TC 15 February 2019 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, 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 a breach of Rule 869 (3) (b) in that Mr Hurrell, as the driver of JODY DIREEN in the race, he “drove carelessly when contacting the wheel of IDEALOGIST (T M Williams) near the 400 metres”.
Mr Hurrell was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr J W Cox.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Ydgren said that Stewards were alleging that Mr Hurrell had shifted away and, in doing so, had made contact with the wheel of IDEOLOGIST (T M Williams) which, it was alleged, was careless.
Mr Hurrell said that he had succeeded in easing out NURBURGRING (S J Ottley) approaching the 400 metres. Just as he gained the necessary advantage to do so, his horse has seen a half-gap between SKY CITY KING (J F Curtin) and IDEOLOGIST. He had nowhere to go and had made contact, as alleged, with the sulky wheel of IDEOLOGIST.
Mr Cox said Mr Hurrell had admitted the breach. It was not tight racing and the horses were not racing side-by-side. Mr Hurrell had been unlucky that his horse had seen the gap and gone to go through it when Mr Hurrell was neither permitted to nor attempting to.
Mr Ydgren agreed that Mr Hurrell had “a handful of horse” at the time and was looking to improve his position into the race. Mr Hurrell has had to ease back slightly to get onto Mr Williams' back and, in doing so, has made a “slight misjudgement” in allowing his horse to make that contact.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hurrell having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Hurrell has had 529 lifetime drives for 42 winners and 191 drives to date this season. He is a very busy Junior Driver and one of the most successful in the country.
Mr Hurrell has a previous breach on 21 January 2019 – fined $250 at Invercargill. That was 27 drives ago, Mr Ydgren said.
Mr Ydgren referred to the Penalty Guide which provides for a second breach within 6 months of a starting point of a 3 days suspension and, he submitted, that would be an appropriate penalty in this case.
Mr Hurrell repeated that his horse had been racing very keenly and he submitted that this had contributed to the incident. He felt it was in order for him to ease out at that point in the race but the horse had seen the gap. He felt he had done his best to avoid the incident but he accepted that it was his obligation to prevent the horse from doing that.
Mr Hurrell requested a deferment of his suspension until after Friday, 22 February, to enable him to drive at Addington on that date and at Forbury Park on 21 February.
reasonsforpenalty:
The Penalty Guide suggests a starting point of a 3 days suspension for a second breach of the careless driving Rule within 6 months. That is the appropriate starting point in this case. There are no real aggravating factors requiring an uplift to that starting point. The mitigating factor is Mr Hurrell’s admission of the breach. That would normally suggest a discount from the starting point. However, the Committee takes the view that, taking all factors into account, the appropriate penalty for this breach is one of a 3 days suspension.
penalty:
Mr Hurrell’s request for a deferment of suspension is granted. Mr Hurrell’s Junior Driver’s licence is suspended from after the close of racing on 22 February 2019 up to and including 26 February 2019 – 3 days. The days intended to be encompassed by that period of suspension are Ashburton TC on 23 February and Waikouaiti TC on 24 and 26 February 2019.
hearing_type: Hearing
Rules: 869(3)
Informant: Mr N M Ydgren Chief Stipendiary Steward
JockeysandTrainer: M D J Hurrell, Licensed Junior Driver
Otherperson: Mr J W Cox - Licensed Open Driver assisting Mr Hurrell
PersonPresent:
Respondent:
StipendSteward:
raceid: 94d717941488102096a2586ab5a52850
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 256af5a6369b1457e4f171b791ec60c7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/02/2019
meet_title: NZ Metro TC - 15 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC