NZ Metro TC 12 November 2019 – R 9 – Chair, Mr R McKenzie
ID: JCA11441
Meet Title:
NZ Metro TC - 12 November 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2019/11/12
Race Number:
R9
Decision:
Mr Butt having admitted the breach, the charge was found proved.
Penalty:
Mr Butt is fined the sum of $200.
Facts:
Following the running of Race 9, Avon City Ford Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver (Australia), Mr A M Butt, alleging that Mr Butt, as the driver of HOWARD HUGHES in the race, “used his whip on more occasions than is permitted”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed a video replay of the final 400 metres of the race, at which point Mr Butt had just taken the lead with HOWARD HUGHES and was being challenged by ASCALABUS (J T Keast). Stewards were alleging that there were 12-13 strikes from that point to the finishing line. HOWARD HUGHES finished in 2nd placing, a long head from the winner.
Mr Butt said that he had to drive the horse for the entire final 400 metres, once it took the lead. He accepted the Stewards’ count of 13 strikes.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Butt has an excellent record, especially considering the number of drives that he has.
He referred to the sliding scale of penalties in the Use of the Whip Regulations and submitted that a $200 fine for a number of strikes in the range of 11-13 was appropriate.
Mr Butt said that he was aware of that and he accepted that a fine of $200 was in accordance with the sliding scale of penalties.
Reasons for Penalty:
The Use of the Whip Regulations prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13, as was the case here. There were no aggravating or mitigating factors to be considered.
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: 1c36e53cd3c41d3dd9f47077c391a99d
informantnumber: A12862
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2019
hearing_title: NZ Metro TC 12 November 2019 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Avon City Ford Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver (Australia), Mr A M Butt, alleging that Mr Butt, as the driver of HOWARD HUGHES in the race, “used his whip on more occasions than is permitted”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed a video replay of the final 400 metres of the race, at which point Mr Butt had just taken the lead with HOWARD HUGHES and was being challenged by ASCALABUS (J T Keast). Stewards were alleging that there were 12-13 strikes from that point to the finishing line. HOWARD HUGHES finished in 2nd placing, a long head from the winner.
Mr Butt said that he had to drive the horse for the entire final 400 metres, once it took the lead. He accepted the Stewards’ count of 13 strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Butt has an excellent record, especially considering the number of drives that he has.
He referred to the sliding scale of penalties in the Use of the Whip Regulations and submitted that a $200 fine for a number of strikes in the range of 11-13 was appropriate.
Mr Butt said that he was aware of that and he accepted that a fine of $200 was in accordance with the sliding scale of penalties.
reasonsforpenalty:
The Use of the Whip Regulations prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13, as was the case here. There were no aggravating or mitigating factors to be considered.
penalty:
Mr Butt is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: A M Butt, Licensed Driver (Australia)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bd642d0572cfbcb09363b84cb814219c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 437b0ddec8d7fe4f1f2a806945dfb6d7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/11/2019
meet_title: NZ Metro TC - 12 November 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC