Non Raceday Inquiry – Written Decision dated 5 August 2022 – Mark Hurrell

BACKGROUND:

Information No. A15972 has been filed by  Stipendiary Steward, Shane Renault, against Junior Driver, Mark Hurrell, alleging that as the Driver of SEAPRIS in Race 6, Spectators Bar (Junior Drivers) Mobile Pace, he used his whip with more than a wrist only flicking motion in the run home.

Mr Renault produced an Authority to Charge pursuant to Rule 1108(2) signed by Mike Clement, Chief Executive of the Racing Integrity Board.

The Information was duly served on the Respondent and the charge was heard via a Teams Meeting on 3 August 2022. The Respondent confirmed, firstly, that he understood the Rule and Regulation and the nature of the charge and, secondly, that he admitted the charge.

Mr Renault said that, on racenight, the Respondent had received advice concerning the charge from Open Driver, Robbie Close. Furthermore, he had waived the right to be assisted at this hearing by a Senior Driver.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 400 metres of the race. He pointed out SEAPRIS, driven by the Respondent, improving 3-wide into 4th position as the field entered the final straight. He said that Stewards were alleging that, in the home straight, the Respondent had used his whip in five strikes that were more than a wrist only flicking motion, prior to reverting to a compliant style. He pointed out the alleged five strikes on the video replay.

The Respondent said he was happy to admit to the first three strikes but maintained that the final two were “just normal”. In response, Mr Renault said that he was happy to call it four strikes.

DECISION:

The Respondent admitted the breach which is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 234 drives this season and is one of the country’s busiest Junior Drivers. He has two  breaches of the Whip Rules on his record in the last 6 months:

27.2.22 at Waikouaiti (using whip and reins in a continuous manner) – suspended 2 days; and

20.3.22 at Banks Peninsula (using whip in a continuous manner) – suspended 2 days.

This is, therefore, his third charge within the last 6 months. The Penalty Guide starting point for a second breach is a 2-days suspension. This being his third breach, the usual penalty is a 4-days suspension, Mr Renault said.

The breach is in the low-to-mid range, Mr Renault submitted. The Respondent has used the whip over a distance of 100-150 metres, he said.

Mr Renault explained that the Respondent has a drive at Auckland on 4 August and another at Addington on 7 August. Mr Renault indicated that the Respondent seems to drive in Canterbury, only in races for Junior Drivers.

The Respondent was candid in admitting that he would not be driving at Ashburton on 14 August, but said that he had horses going to Addington on 19 August, although there was no race for Junior Drivers at that meeting. Mr Renault was happy to accept that. There was also a Junior Drivers’ race at Auckland on 18 August. He sought a deferment of any suspension until after 7 August 2022.

REASONS FOR PENALTY:

The HRNZ Penalty Guide suggests a penalty for a medium-level breach of “either a fine of $500 or short period of suspension (2 days)”. Mid-level offending is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”. This is for a first offence.

Mr Hurrell has two previous breaches of the Whip Rules, the most recent on 20 March last for which he received a 2-days suspension for using his whip in a continuous manner in the run home. That was 4 1/2 months ago and Mr Hurrell is quite a busy Junior Driver – he has had 234 drives since the start of the new season on 1 January last. His record is not a bad one.

This breach being a third breach, an uplift from the 2 days starting point is called for. Mr Renault has submitted that the uplift should be 2 days.

The Adjudicative Committee, in determining whether a 3 or 4 days suspension is appropriate, has considered Mr Hurrell’s record, which it has found is not a bad one, and his Junior Driver status. The Adjudicative Committee has also considered that Mr Hurrell has had to wait for almost 4 weeks for this charge to be heard. Furthermore, the circumstances of the breach are not the worst.

Taking all matters into account, the Adjudicative Committee has decided that the appropriate penalty is a 3-days suspension.

CONCLUSION:

Mr Hurrell’s request for a deferment is granted. His Junior Driver’s licence is suspended for 3 days from after the close of racing on 7 August up to and including 18 August 2022. The meetings intended to be encompassed by the period of suspension are Gore HRC on 11 August, NZ Metropolitan TC on 12 August and Auckland TC on 18 August 2022.