Waikouaiti HRC 27 February 2022 – R5 – Mark Hurrell

ID: RIB7610

Respondent(s):
Mark Hurrell - Junior Driver

Applicant:
Miss Rebecca Haley, Stipendiary Steward

Adjudicators:
Geoff Hall

Persons Present:
Craig Ferguson, Driver

Information Number:
A16527

Decision Type:
Race Related Charge

Charge:
Excessive use of the whip

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

Plea:
Admitted

Animal Name:
BETTORS ATOM

Code:
Harness

Race Date:
27/02/2022

Race Club:
Waikouaiti Trotting Club

Race Location:
Oamaru Racecourse - Highway 1, Oamaru North, Oamaru, 9494

Race Number:
R5

Hearing Date:
27/02/2022

Hearing Location:
Oamaru

Outcome: Proved

Penalty: Junior Driver Mark Hurrell - suspended 2 days

Miss Haley alleged that in Race 5 Mr Hurrell used his whip and reins in a continuous manner without a break throughout the home straight, a distance of some 300 metres.

Miss Haley demonstrated on the video that for the duration of the run in the home straight the Respondent urged his horse with the reins and with the whip in his hand. She estimated there were some 30 strikes.

Mr Ferguson, who assisted Mr Hurrell, said this was only the horse’s second win from 77 starts and that the horse was one that needed to be encouraged. Mr Hurrell said he was using the reins, but he accepted the whip was still there in his hand. He thought it was only a flick with the whip, at best.

As the Respondent has admitted the charge it is found to be proved.

Miss Haley produced Mr Hurrell’s record. He has had 1602 lifetime drives, 87 this season, and 477 the last. She said the Respondent had had a few warnings but no previous breach of the Whip Rule. The Stewards assessed the breach as mid-range due to the continuous nature of the use of the whip. The starting point was a $500 fine or a 2-days suspension. She submitted a penalty at this level was appropriate and drew the Committee’s attention to 2 similar cases, Larsen and Johnson, where fines of $500 and $350 had been imposed on Junior Drivers.

Mr Hurrell submitted that a 2-day suspension was appropriate.

The breach is mid-range and a penalty at the starting point level is appropriate. Mr Hurrell stated that he drove regularly wherever there were Junior Driver races and that he had recently driven at Cambridge. Miss Haley agreed that this was the case.

Mr Hurrell is suspended from the conclusion of racing today up to and including 3 March 2022 (2 days, Cambridge and Addington).

Decision Date: 27/02/2022

Publish Date: 02/03/2022