Banks Peninsula TC 20 March 2022 – R7 – Mark Hurrell

SUMMARY OF FACTS:

Following the running of Race 7, the Respondent Junior Driver, Mark Hurrell, admitted a breach of Rule 869(2). The particulars of the charge are that, as the Driver of BETTERWITHBLING in the race, he used his whip in a continuous manner in the run home.

Rule 869 provides that:

(2)  No driver shall during any race use a whip in a a manner in contravention of the Use of Whip Regulations made by the Board.

The Regulation provides that “a driver shall be deemed to have used the whip in an unapproved manner if the whip is applied excessively, continuously or without allowing the horse time to respond”.

Stipendiary Steward, Paul Williams, used available video footage to demonstrate the breach. He pointed out BETTERWITHBLING, driven by Mr Hurrell, challenging for the lead, 3-wide, as the field turned into the home straight. Shortly thereafter, Mr Hurrell commenced using his whip  in a striking motion and did so for most of the length of the home straight, Mr Williams alleged. He had used his whip in a continuous manner.

Mr Williamson submitted that using the whip in an upwards motion and through the tail of the horse does not constitute “striking”. Mr Hurrell has hit the horse, probably, only eight times in the entire length of the straight, he said. He accepted, however, that Mr Hurrell had kept moving and urging/chasing the horse all the way up the straight.

Mr Williams, in response, said that the allegation focussed on continuous use and it was not contended that any strikes had been strong.

Mr Hurrell said he understood that it was acceptable to use the reins and the whip through the tail.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee is satisfied that the Respondent has used his whip in a continuous manner in the run home, as alleged. In terms of the Regulation, he has applied his whip continuously. Applying the whip does not necessarily mean striking – it simply means using and this includes using it by running it through the horse’s tail which Mr Hurrell had clearly done on this occasion. The offence is not using the whip by running it through the horse’s tail but, rather, doing so continuously without any significant respite, and over some considerable distance. That was the case here, over at least 300 metres.

SUBMISSIONS FOR PENALTY:

Mr Williams produced the Respondent’s record which indicated a number of warnings regarding his use of the whip. There was a breach on 27 February last at Oamaru for which he received a 2-days suspension for using his whip in a continuous manner. He has had 20 drives since then.

The Respondent has had 108 drives this season (since 1 January 2022) and 477 drives in the 2020/2021 season. He is one of the busier Junior Drivers, Mr Williams said. A period of suspension of 2 days would be an appropriate penalty, Mr Williams said.

Mr Hurrell said that he preferred a suspension to a fine. He sought a deferment until after 23 March to enable him to complete driving engagements at the meeting of NZ Metropolitan TC on that date. He has driven at Cambridge on 4-5 occasions this season and there was a race for Junior Drivers there on 24 March and he had possible drives on two trotters at the same meeting, he said. Mr Williams accepted that Mr Hurrell does drive at North Island meetings.

REASONS FOR PENALTY:

The Respondent may or may not have held a genuine belief that his whip action was acceptable. While it was, clearly, continuous it did not involve any significant strikes and, further, Mr Hurrell’s actions did not involve any significant animal welfare concerns. In saying that, the Adjudicative Committee does not condone Mr Hurrell’s actions  and he needs to refrain from driving in this manner. If nothing else, it does not look good.

After considering the evidence and submissions from both parties and viewing the video replay of the final 300-400 metres of the race, the Adjudicative Committee is satisfied that this is a low-level whip offence. It is a second offence for Mr Hurrell and requires the Adjudicative Committee to impose a period of suspension. Mr Williams has submitted that this should be 2 days.

CONCLUSION:

The Respondent is granted a deferment and is suspended for a period of 2 days commencing after the close of racing on 23 March, up to and including 25 March 2022.