Waikouaiti HRC 26 February 2018 – R 8 (heard 3 March 2018 at Invercargill) Chair, Mr P Williams

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startdate: 26/02/2018

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hearing_title: Waikouaiti HRC 26 February 2018 - R 8 (heard 3 March 2018 at Invercargill) Chair, Mr P Williams

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JUDICIAL COMMITTEE RACEDAY DECISION

Informant: Mr L Tidmarsh – Stipendiary Steward

Respondent: Mr M Hurrell – Junior Horseman

Information No: A10418

Meeting: Waikouaiti Trotting Club

Date: 26 February 2018 (heard 3 March 2018 at Invercargill)

Race No: 8

Rule: 869(3)(b)

Judicial Committee: Mr P Williams, Chair - Mr M Conway, Committee Member

Also Present: Mr M Williamson – Open Horseman assisting Mr Hurrell

Charge: Careless Driving

Plea: Admitted

Evidence

Following the running of Race 8 at the Waikouaiti TC meeting on 26 February 2018 Junior Horseman Mr M Hurrell was charged with a breach of Rule 869(3)(b) in that he “drove carelessly near the 700m when striking the sulky of “To Ri Alby”. The hearing was opened and adjourned on the day and heard at the Invercargill HRC meeting on Saturday 3 March 2018. Prior to the start of the hearing Mr Hurrell confirmed that he admitted the breach and understood the Rule under which he had been charged. He was assisted during the hearing by Open Horseman Mr M Williamson.

Rule 869(3) states;-

No horseman in any race shall drive

(b) carelessly

Submissions for Decision

Using the side-on view of the horses travelling down the back straight Mr Tidmarsh highlighted Mr Hurrell driving “Jacks N Jazz” at the back of the field with Ms Butt driving “To Ri Alby” immediately in front of him. He said it could be seen that “Jacks N Jazz” was not racing in a tractable manner for Mr Hurrell and on three occasions from the 1000m to the 700m the horse appeared to make contact with the back of Ms Butt. Mr Tidmarsh also highlighted a couple times Ms Butt could be seen to lift her arm as if to brush “Jacks N Jazz” away. Mr Tidmarsh said that near the 700m Mr Hurrell allowed “Jacks N Jazz” to once again get too close to “To Ri Alby” and as a result his horse struck Ms Butt’s sulky. “Jacks N Jazz” then went into a gallop for several strides losing ground before returning to its gait. Mr Tidmarsh said that Ms Butt advised him on returning to scale that she had a punctured tyre but wasn’t sure if it had happened when her sulky was hit by “Jacks N Jazz”. Mr Tidmarsh concluded by saying that, even though the films showed Ms Butt frustrated because “Jacks N Jazz” was so close to her and at times touching her, her actions in waving her arms to get him to move off her in no way contributed to the incident occurring.

Mr Hurrell said the race was run very slowly – at work out speed - and thought the mile rate was around 2.24. He said he had wanted to go faster but the trainer had advised him to try and save the horse for one go at them in the home straight. He said he also did not want to pull back too much going down the back straight as he thought it would cause the horse to break and lose all chance. He did concede, however, that he had got too close to the horse in front of him.

Mr Williamson did not dispute any of the evidence submitted by Mr Tidmarsh but did ask the Committee to note that the horse was green and not the easiest to drive.

Decision

As Mr Hurrell has admitted the breach it is found proved.

Submissions for Penalty

Mr Tidmarsh said Mr Hurrell was an up and coming Junior Horseman who had had 101 drives so far this season and 124 in 16/17. He said he had previously breached the same Rule on 27 August 2017 at Gore where he was fined $300 and since then had had 93 drives. Mr Tidmarsh said he considered that to be a good driving record. He said the JCA’s penalty guidelines stated a starting point for a breach of this Rule was a 10 drive suspension or a $500 fine and taking into account Mr Hurrell’s good record, his admittance of the breach and the severity of the breach being at the low end (in that after regaining its gait “Jacks N Jazz” ran on well to finish 2nd) he submitted a fine in the region of $300 should be imposed.

Reasons for Penalty

The Committee has considered the film of the incident and the evidence and submissions of all parties. It is clear that down the back straight “Jacks N Jazz” was not racing kindly for Mr Hurrell and on at least three occasions got up onto the back of Ms Butt who was immediately in front of “Jacks N Jazz”. On the third of those occasions Mr Hurrell did not prevent his horse from striking Ms Butt’s sulky which caused it to break and gallop for a short distance. The Committee notes that the horse did not break immediately after any of the times Ms Butt lifted her right arm to “move the horse away” so do not attach any blame on her for “Jacks N Jazz” breaking. Whilst accepting the horse may have been racing unkindly, Mr Hurrell is an experienced junior horseman and should have been able to drive in a manner that avoided what ultimately happened. That said the Committee agree the severity of the breach is at the low end noting that the horse did end up finishing in second place some 1.5 lengths from the winner.

The Committee also has taken into account Mr Hurrell’s good driving record and his ready admittance of the breach and on this occasion believe a fine is an appropriate penalty. From a starting point of $500 we have taken into account the three mitigating factors detailed above, and, there being no aggravating factor to justify a higher starting point, believe a fine of $300 is an appropriate penalty on this occasion.

Penalty

Mr Hurrell is fined $300.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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