Gore HRC 19 February 2023 – R11 – Mark Hurrell

ID: RIB15953

Respondent(s):
Mark Hurrell - Junior Driver

Applicant:
Mr Vinny Munro - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr Munro, Mr Mark Davidson - Stipendiary Steward, Mr Hurrell - Junior Driver

Information Number:
A17108

Decision Type:
Race Related Charge

Charge:
Used his whip in more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
Timbimboo

Code:
Harness

Race Date:
19/02/2023

Race Club:
Gore Harness Racing Club

Race Location:
Gore Racecourse - 136 Gore-Mataura Highway, Gore, 9772

Race Number:
R11

Hearing Date:
19/02/2023

Hearing Location:
Gore Racecourse

Outcome: Proved

Penalty: Junior Driver Mark Hurrell was fined $200

BACKGROUND

Following the running of Race 11 Mossdale Mobile Pace, the Respondent Mark Hurrell admitted a breach of Rule 869(2), in that as the Driver of TIMBIMBOO he used his whip in more than a wrist flicking motion in the home run.

The Respondent admitted the breach and confirmed he understood the Rule.

The Rule 869 provides:-

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

The Whip and Rein Regulations provide:-

3(1) A driver may only apply a whip in a wrist flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

EVIDENCE

Stipendiary Steward Mr Vinny Munro requested Stipendiary Steward Mr Mark Davidson to highlight, using the video clips, Mr Hurrell using his whip with high action of his right arm over the last 35 metres of the race.

Mr Hurrell confirmed the Stewards’ summation of events.

DECISION

The breach is admitted and therefore deemed proved.

SUBMISSIONS FOR PENALTY

Mr Munro stated Mr Hurrell was a very busy, successful Junior Driver, having had 1930 lifetime drives, 361 last season and 54 this season.

Mr Hurrell had been warned on 30/10/22, and Mr Munro confirmed he believed the breach to be at the low end.

Mr Hurrell had no submissions on penalty.

REASONS FOR PENALTY

The Adjucative Committee was satisfied there was a clear breach of the Rule, which was supported by the video evidence.

The Adjudicative Committee also believed the breach was at the low end, and that a $100 reduction to penalty was appropriate.

CONCLUSION

The Respondent Junior Driver Mr Mark Hurrell is fined the sum of $200.

Decision Date: 19/02/2023

Publish Date: 22/02/2023