NZ Metro TC 30 August 2020 – R 1 – Chair, Mr R McKenzie
ID: JCA10920
Meet Title:
NZ Metro TC - 30 August 2020
Meet Chair:
RMcKenzie
Race Date:
2020/08/30
Race Number:
R1
Decision:
Mr Butt having admitted the breach, the charge was found proved.
Penalty:
Mr Butt is fined the sum of $250.
Facts:
Following the running of Race 1, IRT. Your Horse. Our Passion. Trot, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr C A Butt, alleging that, as the driver of AMERICAN VIKING in the race, he drove carelessly near the 450 metres when allowing his horse to strike the sulky wheel of EVERMORE (S J Ottley) which punctured”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3 No driver shall in any race drive:-
(b) carelessly
Mr Williams showed a video replay of the incident with approximately 450 metres to run. He pointed out AMERICAN VIKING, driven by Mr Butt, racing in the one-out line in last position. EVERMORE, driven by Miss Ottley, was two places ahead of him and racing on the markers. Mr Butt then shifted down and took up a position on the markers behind Miss Ottley. Shortly after, his horse struck the inside sulky wheel of Miss Ottley and paced roughly for a few strides. The tyre of Miss Ottley’s sulky wheel was punctured and deflated.
Mr Butt’s only comment was that Miss Ottley was losing a little bit of ground as she pushed out.
Submissions for Penalty:
Mr Williams referred to the Penalty Guide starting point for striking a wheel of a 6-drives suspension or a $300 fine.
Mr Butt, when asked by the Committee, said that he would prefer a fine to a term of suspension.
Reasons for Penalty:
In the present case, there were no significant aggravating factors. The Committee does not believe that Miss Ottley’s horse’s chances were affected. Mitigating factors are Mr Butt’s admission of the breach and his good record. This was a low-end breach involving a minor misjudgement on Mr Butt’s part.
The Penalty Guide starting point for hitting a wheel is a 6-drive suspension or a $300 fine. This breach can adequately be dealt with by way of a fine and Mr Butt is given a discount for the mitigating factors referred to.
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: 06e43e301cf41b875531107d06b96a81
informantnumber: A13187
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 31/08/2020
hearing_title: NZ Metro TC 30 August 2020 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, IRT. Your Horse. Our Passion. Trot, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr C A Butt, alleging that, as the driver of AMERICAN VIKING in the race, he drove carelessly near the 450 metres when allowing his horse to strike the sulky wheel of EVERMORE (S J Ottley) which punctured”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(3 No driver shall in any race drive:-
(b) carelessly
Mr Williams showed a video replay of the incident with approximately 450 metres to run. He pointed out AMERICAN VIKING, driven by Mr Butt, racing in the one-out line in last position. EVERMORE, driven by Miss Ottley, was two places ahead of him and racing on the markers. Mr Butt then shifted down and took up a position on the markers behind Miss Ottley. Shortly after, his horse struck the inside sulky wheel of Miss Ottley and paced roughly for a few strides. The tyre of Miss Ottley’s sulky wheel was punctured and deflated.
Mr Butt’s only comment was that Miss Ottley was losing a little bit of ground as she pushed out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williams referred to the Penalty Guide starting point for striking a wheel of a 6-drives suspension or a $300 fine.
Mr Butt, when asked by the Committee, said that he would prefer a fine to a term of suspension.
reasonsforpenalty:
In the present case, there were no significant aggravating factors. The Committee does not believe that Miss Ottley’s horse’s chances were affected. Mitigating factors are Mr Butt’s admission of the breach and his good record. This was a low-end breach involving a minor misjudgement on Mr Butt’s part.
The Penalty Guide starting point for hitting a wheel is a 6-drive suspension or a $300 fine. This breach can adequately be dealt with by way of a fine and Mr Butt is given a discount for the mitigating factors referred to.
penalty:
Mr Butt is fined the sum of $250.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: P Williams, Stipendiary Steward
JockeysandTrainer: C A Butt, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2a5f73b9711f54aec7f552a4bbfdf389
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: abd6323c0d7d9a7dcffb6d54520630c9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/08/2020
meet_title: NZ Metro TC - 30 August 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC