Invercargill HRC 23 November 2023 – R3 – Mark Hurrell

ID: RIB30101

Respondent(s):
Mark Hurrell - Driver

Applicant:
Mr Vinny Munro, Stipendiary Steward

Adjudicators:
Geoff Hall

Persons Present:
Miss Rebecca Haley, Stipendiary Steward

Information Number:
A20853

Decision Type:
Race Related Charge

Charge:
Used whip in a continuous manner

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
AMERICAN MAC

Code:
Harness

Race Date:
23/11/2023

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R3

Hearing Date:
23/11/2023

Hearing Location:
Invercargill

Outcome: Proved

Penalty: Driver Mark Hurrell is fined $300

Mr Munro alleged that in Race 3, Mr Hurrell (AMERICAN MAC) used his whip in a continuous manner for approximately 150 metres in the run home.

Miss Haley demonstrated the incident on the videos. As the field exited the home bend and proceeded to race down the straight, the Respondent, who was racing at the front of field, used his whip in a continuous manner.

Mr Munro said the Respondent had given his horse no respite.

Mr Hurrell said the strikes were not forceful and were primarily swishes through the tail. He accepted it was throughout the home straight.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr Hurrell has had 270 drives this season and 361 the last. His record was clear. Mr Munro submitted the breach was low level.

Reasons as to Penalty

The breach is at the lower end of the range. Mr Hurrell has used his whip in a continuous fashion in breach of the Whip Rule and the Whip and Rein Regulations in the home straight. The Penalty Guide provides a starting point of a fine of $300 or a 2-day suspension for a first such breach. Mitigating factors are that Mr Hurrell has a good record under this Rule and has admitted the breach, however AMERICAN MAC won the race by the barest of margins and the continuous use is for a distance of some 150 metres. A penalty at the starting point in the Penalty Guide is appropriate.

Conclusion

Mr Hurrell is fined the sum of $300.

Decision Date: 23/11/2023

Publish Date: 27/11/2023