HR Waikato 2 June 2015 – R 8
ID: JCA11111
Meet Title:
Harness Racing Waikato - 2 June 2015
Meet Chair:
ADooley
Race Date:
2015/06/02
Race Number:
R8
Decision:
As Mr Butcher admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Butcher was fined $200.
Facts:
Following the running of Race 8, Holmes & Co Amateurs Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr S Mulcay. He alleged that Amateur Horseman Mr S Butcher had breached the Passing Lane Regulations and Rule 869(4) in that he failed to maintain a straight course as possible parallel to the running line in the run home thereby allowing LOFTY BROGDEN full access to the passing lane.
Mr Butcher acknowledged that he understood the nature of the charge, the Rule and he admitted the breach.
Rule 869(4) provides: 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.'
The Passing Lane Regulations (4) provides: In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line, and allow the trailing horses full access to the expanded inside lane.'
Mr Mulcay demonstrated the video footage of the home straight and identified when Mr Butcher activated gear VIEWFIELD APACHEE shifted down into the passing lane in advance of LOFTY BROGDEN. Mr Mulcay said Mr Butcher did endeavour to shift back up but was unable to do so. He said the Stewards viewed the replays of the home straight to ascertain whether there were grounds for a Protest as a result of the interference to the 5th placed LOFTY BROGDEN. After considering the matter Stewards could not be satisfied that but for the interference that LOFTY BROGDEN would have beaten VIEWFIELD APACHE and placings were duly authorised.
Mr Butcher conceded when he pulled the ear plugs on VIEWFIELD APACHE his drive ran into the passing lane. He said he tried to take corrective action as much as he could.
Submissions for Penalty:
Mr Mulcay produced Mr Butcher’s driving record which showed there were no prior breach of these Rules. He noted the JCA Penalty Guidelines recommended a suspension of 6 drives or a fine of $300 as a starting point. He said Mr Butcher should be given credit for his admission of the breach and his clear record. He submitted taking into account all the factors a monetary fine in the $200 to $250 range would be appropriate.
Mr Butcher submitted that the incident was low end and he did not affect another horse from finishing in a better placing. He said a low monetary penalty would be acceptable.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Butcher’s clear record under this Rule, his admission of the breach and the level of carelessness was low. The Committee adopted the recommended starting point of a $300 fine. In fixing penalty the Committee has given Mr Butcher a $100 reduction for the mitigating factors involved in this case.
After taking into account all the above factors the Committee considers an appropriate penalty was a $200 fine.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 13c4c3b405d34582283cef958882919b
informantnumber: A3672
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Passing Lane Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 03/06/2015
hearing_title: HR Waikato 2 June 2015 - R 8
charge:
facts:
Following the running of Race 8, Holmes & Co Amateurs Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr S Mulcay. He alleged that Amateur Horseman Mr S Butcher had breached the Passing Lane Regulations and Rule 869(4) in that he failed to maintain a straight course as possible parallel to the running line in the run home thereby allowing LOFTY BROGDEN full access to the passing lane.
Mr Butcher acknowledged that he understood the nature of the charge, the Rule and he admitted the breach.
Rule 869(4) provides: 'No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.'
The Passing Lane Regulations (4) provides: In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line, and allow the trailing horses full access to the expanded inside lane.'
Mr Mulcay demonstrated the video footage of the home straight and identified when Mr Butcher activated gear VIEWFIELD APACHEE shifted down into the passing lane in advance of LOFTY BROGDEN. Mr Mulcay said Mr Butcher did endeavour to shift back up but was unable to do so. He said the Stewards viewed the replays of the home straight to ascertain whether there were grounds for a Protest as a result of the interference to the 5th placed LOFTY BROGDEN. After considering the matter Stewards could not be satisfied that but for the interference that LOFTY BROGDEN would have beaten VIEWFIELD APACHE and placings were duly authorised.
Mr Butcher conceded when he pulled the ear plugs on VIEWFIELD APACHE his drive ran into the passing lane. He said he tried to take corrective action as much as he could.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Butcher admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Butcher’s driving record which showed there were no prior breach of these Rules. He noted the JCA Penalty Guidelines recommended a suspension of 6 drives or a fine of $300 as a starting point. He said Mr Butcher should be given credit for his admission of the breach and his clear record. He submitted taking into account all the factors a monetary fine in the $200 to $250 range would be appropriate.
Mr Butcher submitted that the incident was low end and he did not affect another horse from finishing in a better placing. He said a low monetary penalty would be acceptable.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Butcher’s clear record under this Rule, his admission of the breach and the level of carelessness was low. The Committee adopted the recommended starting point of a $300 fine. In fixing penalty the Committee has given Mr Butcher a $100 reduction for the mitigating factors involved in this case.
After taking into account all the above factors the Committee considers an appropriate penalty was a $200 fine.
penalty:
Accordingly, Mr Butcher was fined $200.
hearing_type: Hearing
Rules: 869(4) and Passing Lane Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr S Butcher - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2533d74b78d18db952549cd62514a7ed
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d8e3cb2c4476659e47305ab8c0e0f2ac
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/06/2015
meet_title: Harness Racing Waikato - 2 June 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Harness Racing Waikato