Wyndham HRC 18 March 2023 – R2 – Mark Hurrell
ID: RIB17533
Animal Name:
Call Me Sir
Code:
Harness
Race Date:
18/03/2023
Race Club:
Wyndham Harness Racing Club
Race Location:
Wyndham Racecourse - Alma St, Wyndham, 9892
Race Number:
R2
Hearing Date:
18/03/2023
Hearing Location:
Wyndham Racecourse
Outcome: Proved
Penalty: Junior Driver Mark Hurrell was suspended for 4 days
BACKGROUND:
Following the running of Race 2, The Ebony Mist/Neil & Trish Bulling Mobile Pace, Information A19509 was lodged by Stipendiary Steward Miss Rebecca Haley alleging the Respondent Junior Driver Mr Mark Hurrell (CALL ME SIR), drove carelessly.
Mr Hurrell admitted the breach and confirmed he understood the Rule, and although he was a Junior Driver, he did not wish to have any assistance from a Senior Driver.
The Rule reads: 869(3)(b):- No driver shall drive carelessly.
FACTS:
Miss Hayley requested Stipendiary Steward Mr Vinny Munro to highlight the incident using the various video clips.
Mr Munro stated that driving into the first bend, Mr Hurrell, driving “CALL ME SIR”, when attempting to take a trailing position, has insufficient room and as a result, “PEARL HART” (T Robertson) is in restricted room causing that runner to strike his wheel, deflating it as a consequence.
Mr Hurrell agreed with Mr Munro’s summation of evidence and stated he had simply made an error of judgement.
DECISION:
As the charge was admitted, the breach was deemed proved.
SUBMISSIONS ON PENALTY:
Miss Hayley stated that Mr Hurrell was a busy Junior Driver, up and down the country. He has had 1963 lifetime drives, 361 last season and 87 this season.
The Respondent had one previous breach under the Rule on 4/11/22 where he received a two day suspension.
The Penalty Guide recommends a 4 day suspension for a second offence with a mid range level of carelessness.
Mr Hurrell did not seek a deferment of penalty and has no submissions.
REASONS FOR PENALTY:
The Adjudicative Committee found the evidence conclusive and that the range of carelessness was at the mid level, due to Pearl Hart having his tyre deflated effectively at the outset of the race.
The starting point is a 4 day suspension and there was not sufficient mitigating factors to deviate from that.
CONCLUSION:
The Respondent Mr Hurrell, is suspended from the conclusion of racing on 20th March 2023 until the conclusion of racing on 26th March 2023.
Decision Date: 18/03/2023
Publish Date: 23/03/2023