Invercargill HRC 29 November 2015 – R 3 – Chair, R McKenzie
ID: JCA10712
Meet Title:
Invercargill HRC - 29 November 2015
Meet Chair:
RMcKenzie
Race Date:
2015/11/29
Race Number:
R3
Decision:
Mr Butcher having admitted the charge, the charge was found proved.
Penalty:
Mr Butcher’s Open Horseman’s Licence was suspended up to and including 3 December 2015 – 1 driving day (Harness Racing Waikato on that date). In addition, Mr Butcher was fined the sum of $350.
Facts:
Following the running of Race 3, Crazy Wow Millionaire by Crazed Handicap Trot, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Driver, Mr Z E Butcher, alleging that, as the driver of POPPYMALDA in the race, he drove carelessly “in that near the 350 metres [he] allowed his horse to shift inwards striking the sulky wheel of MASS INVASION (L Miles) which resulted in his own runner breaking”.
Mr Butcher was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Allison showed video replays of the incident with approximately 250 metres to run. He pointed out POPPYMALDA, driven by Mr Butcher, racing in the one-one position. Shortly after, he angled for a run to the inside of MASS INVASION (L Miles) and just touched the wheel of that runner, which resulted in his horse breaking and losing its chance. Miss Miles confirmed that her tyre had been struck in the incident, and did deflate as a result of being struck. Mr Allison submitted that, notwithstanding, the chances of MASS INVASION had not been affected. The only runner, the chances of which had been affected, was Mr Butcher’s own horse, POPPYMALDA, he said.
Mr Butcher said that he did not know the horse, not having driven it previously. When he did “drop down”, the horse “took off” quicker than he had expected and he was caught off guard. It was agreed that the tyre of MASS INVASION had just been “clipped” in the incident.
Mr N P Williamson, trainer of POPPYMALDA, confirmed that, when the mare is eased off the back of the runner in front, she will tend to “quicken up really quickly”. In addition, she has an “extravagant action” in front, he said.
Submissions for Penalty:
Mr Allison submitted that this breach was at the very lower end of carelessness. Unfortunately, Mr Butcher’s horse had broken and lost its chance but no other runner had been affected, he said.
Mr Butcher is a very busy driver – 113 drives this season and 435 drive in the 2014/2015 season. The only breach on Mr Butcher’s record was a very recent one – at Addington on 13 November in a Group 1 race. Mr Butcher had admitted that breach and was fined $800. In that case, another runner was affected, Mr Allison said.
The Committee pointed out to the parties that the Penalty Guide provides for a starting point for penalty of a 3 days’ suspension for a second breach within 4 months. Mr Butcher said that a suspension would be a heavy penalty for him if he missed upcoming meetings at Cambridge and Auckland.
Mr Allison agreed, and suggested a combined penalty of a suspension and a fine in the circumstances. Mr Butcher submitted that a suspension of more that 1 day would be harsh in the light of the mitigating factors that he had already advanced. He would have had a good book of drives at Cambridge but a deferment would not assist as that would affect his ability to drive at meetings after that. He said that he could have, potentially, earned $1,000 at Cambridge.
Mr Allison submitted that a suspension of 1 day and a fine of $300 would be appropriate. Mr Butcher also submitted that the Committee should consider a combined penalty.
Reasons for Penalty:
Had the Committee been considering a suspension only, an appropriate term would have been 2 days having regard to the various aggravating and mitigating factors. The only aggravating factor was that Mr Butcher’s carelessness had eliminated his own horse from the race. Against that, there were significant mitigating factors – Mr Butcher’s frank admission of the breach, the very low end nature of the breach, Mr Butcher’s unfamiliarity with the horse and the racing manners of the horse as confirmed by its trainer, Mr Williamson. In addition, no other runner was affected.
The Committee’s concern was that, notwithstanding the recent breach, a suspension of 2 days for Mr Butcher would amount, in his case, to a significant penalty and one out of proportion to the degree of carelessness, which Mr Allison and the Committee agreed was at the very low end. However, a suspension of 1 day would not be an adequate penalty. For that reason, the Committee accepted the submission of both Mr Allison and Mr Butcher for a combined penalty.
The Committee determined that a suspension of 1 day and a fine of $350 was an appropriate penalty in all of the circumstances.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1124eea709417ed878c26477b07202f6
informantnumber: A1438
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 01/12/2015
hearing_title: Invercargill HRC 29 November 2015 - R 3 - Chair, R McKenzie
charge:
facts:
Following the running of Race 3, Crazy Wow Millionaire by Crazed Handicap Trot, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Driver, Mr Z E Butcher, alleging that, as the driver of POPPYMALDA in the race, he drove carelessly “in that near the 350 metres [he] allowed his horse to shift inwards striking the sulky wheel of MASS INVASION (L Miles) which resulted in his own runner breaking”.
Mr Butcher was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly
Mr Allison showed video replays of the incident with approximately 250 metres to run. He pointed out POPPYMALDA, driven by Mr Butcher, racing in the one-one position. Shortly after, he angled for a run to the inside of MASS INVASION (L Miles) and just touched the wheel of that runner, which resulted in his horse breaking and losing its chance. Miss Miles confirmed that her tyre had been struck in the incident, and did deflate as a result of being struck. Mr Allison submitted that, notwithstanding, the chances of MASS INVASION had not been affected. The only runner, the chances of which had been affected, was Mr Butcher’s own horse, POPPYMALDA, he said.
Mr Butcher said that he did not know the horse, not having driven it previously. When he did “drop down”, the horse “took off” quicker than he had expected and he was caught off guard. It was agreed that the tyre of MASS INVASION had just been “clipped” in the incident.
Mr N P Williamson, trainer of POPPYMALDA, confirmed that, when the mare is eased off the back of the runner in front, she will tend to “quicken up really quickly”. In addition, she has an “extravagant action” in front, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butcher having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Allison submitted that this breach was at the very lower end of carelessness. Unfortunately, Mr Butcher’s horse had broken and lost its chance but no other runner had been affected, he said.
Mr Butcher is a very busy driver – 113 drives this season and 435 drive in the 2014/2015 season. The only breach on Mr Butcher’s record was a very recent one – at Addington on 13 November in a Group 1 race. Mr Butcher had admitted that breach and was fined $800. In that case, another runner was affected, Mr Allison said.
The Committee pointed out to the parties that the Penalty Guide provides for a starting point for penalty of a 3 days’ suspension for a second breach within 4 months. Mr Butcher said that a suspension would be a heavy penalty for him if he missed upcoming meetings at Cambridge and Auckland.
Mr Allison agreed, and suggested a combined penalty of a suspension and a fine in the circumstances. Mr Butcher submitted that a suspension of more that 1 day would be harsh in the light of the mitigating factors that he had already advanced. He would have had a good book of drives at Cambridge but a deferment would not assist as that would affect his ability to drive at meetings after that. He said that he could have, potentially, earned $1,000 at Cambridge.
Mr Allison submitted that a suspension of 1 day and a fine of $300 would be appropriate. Mr Butcher also submitted that the Committee should consider a combined penalty.
reasonsforpenalty:
Had the Committee been considering a suspension only, an appropriate term would have been 2 days having regard to the various aggravating and mitigating factors. The only aggravating factor was that Mr Butcher’s carelessness had eliminated his own horse from the race. Against that, there were significant mitigating factors – Mr Butcher’s frank admission of the breach, the very low end nature of the breach, Mr Butcher’s unfamiliarity with the horse and the racing manners of the horse as confirmed by its trainer, Mr Williamson. In addition, no other runner was affected.
The Committee’s concern was that, notwithstanding the recent breach, a suspension of 2 days for Mr Butcher would amount, in his case, to a significant penalty and one out of proportion to the degree of carelessness, which Mr Allison and the Committee agreed was at the very low end. However, a suspension of 1 day would not be an adequate penalty. For that reason, the Committee accepted the submission of both Mr Allison and Mr Butcher for a combined penalty.
The Committee determined that a suspension of 1 day and a fine of $350 was an appropriate penalty in all of the circumstances.
penalty:
Mr Butcher’s Open Horseman’s Licence was suspended up to and including 3 December 2015 – 1 driving day (Harness Racing Waikato on that date). In addition, Mr Butcher was fined the sum of $350.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: C J Allison - Stipendiary Steward
JockeysandTrainer: Z E Butcher, Licensed Open Horseman
Otherperson: N P Williamson, Licensed Public Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: cdad96f7d2b15339dc0e3cdc087e16ea
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race_title: R3
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meetdate: 29/11/2015
meet_title: Invercargill HRC - 29 November 2015
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name: Invercargill HRC