Roxburgh TC 4 January 2024 – R9 – Mark Hurrell

ID: RIB31385

Respondent(s):
Mark Hurrell - Driver

Applicant:
Mr Vinny Munro, Stipendiary Steward

Adjudicators:
Geoff Hall, Matt Conway

Information Number:
A20855

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
SWITCH ON

Code:
Harness

Race Date:
04/01/2024

Race Club:
Roxborough Trotting Club

Race Location:
Roxburgh Raceway - , ,

Race Number:
R9

Hearing Date:
04/01/2024

Hearing Location:
Roxburgh

Outcome: Proved

Penalty: Driver Mark Hurrell is fined $400

Mr Munro alleged that Mr Hurrell drove carelessly on the first bend in Race 9, when shifting ground inwards when not in a position to do so, which resulted in his drive SWITCH ON breaking.

Mr Munro demonstrated on the videos that on the first bend, Mr Hurrell was back of midfield and racing 3 wide. He then endeavoured to shift into a 2-wide position. In so doing, he came into contact with Mr Ferguson who was racing to his inside. Mr Hurrell’s horse SWITCH ON galloped and, when taken clear of the field, went wide on the track before settling a long last.

Mr Hurrell stated that he had nothing to say with respect to the breach.

Decision

The charge is admitted by Mr Hurrell and is therefore proved.

Submissions for Penalty

Mr Munro produced the Respondent’s record which evidenced 2195 lifetime drives and 319  drives in the past year. It was clear under this Rule. The Stewards assessed the breach as mid-range as Mr Hurrell had caused his own horse to break and lose its chance.

The Respondent stated that he believed a fine was the appropriate penalty for the breach and not a suspension.

Reasons for Penalty

The Penalty Guide provides a starting point of a 2-day suspension or a $500 fine. Having regard to the circumstances of the breach and the fact that while there was no impact on Mr Ferguson’s runner, Mr Hurrell’s horse broke from its gait and lost ground before it tacked on to the field with a lap to go, the Adjudicative Committee  assesses the breach as mid-range. From a starting point of a fine of $500, the Respondent is given credit for his very good record and admission of the breach.

Conclusion

Mr Hurrell is fined the sum of $400.

Decision Date: 04/01/2024

Publish Date: 09/01/2024