Winton HRC 24 December 2021 – R4 – Mark Hurrell

Summary of Facts:

The Respondent, admitted a breach of r 869(3)(b) in that he drove carelessly near the 450 metres when shifting outwards, hampering, and checking an outside runner.

Mr Munro, Stipendiary Steward, identified the horses involved in the incident, ATARAH driven by Mr Hurrell and MAJOR WILSON driven by Mr Jones. He said that the Respondent was racing on the markers and came off the running line and, in so doing, checked Mr Jones, who was retreating. There were horses to Mr Jones’ outside and when he received pressure from Mr Hurrell, there was nowhere for him to go. The Stewards did not believe there was contact but MAJOR WILSON was checked and broke briefly. Mr Hurrell finished 5^th, 0.9 L from the winner.

In explanation the Respondent stated he had come off too soon and it was a misjudgment on his part. There was no contact. He did not believe he had affected the chances of anyone. Mr Jones was stopping but not as quickly as he had thought.

Decision:

The charge is admitted by the Respondent and is thus proved.

Submission for Penalty:

Mr Munro produced the Respondent’s record which evidenced 463 drives this season. It was clear under this Rule. The Stewards assessed the breach as mid-range as they believed Mr Hurrell had obtained a run that he would not have got otherwise.

The Respondent submitted the breach was low range as he had got back into the position in the field that he would have been in anyway. He had not affected the chances of MAJOR WILSON. He added he had no previous breaches of this Rule and had admitted the breach.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 10-drive suspension or $500 fine. Having regard to the circumstances of the breach and the fact there was very little impact on the affected runner, the Committee assesses the breach as low to mid-range. The Respondent is given credit for his good record and admission of the breach. Mr Hurrell is a busy South Island, Junior Driver, who averages some 3 or 4 drives a meeting.

Penalty:

The Respondent is suspended from driving after racing at Gore on 27 December up to and including 1 January 2022. This is two South Island days.