NZ Metro TC 29 July 2011 – R 9
ID: JCA11783
Meet Title:
NZ Metro TC - 29 July 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2011/07/29
Race Number:
R 9
Decision:
The charge was found proved.
Penalty:
Mr Butt was fined the sum of $400.
Charge:
Using abusive language.
Facts:
Following the running of Race 9, Treetech Specialist Treecare Mobile Pace, Information No. 66837 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr R J Butt, alleging that Mr Butt “used abusive language when coming off the track towards driver J Young”.
Mr Butt was present at the hearing of the information, assisted by Licensed Open Driver, Mr R T May, and he indicated that he did not admit the breach.
Rule 303 provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself . . .
Submissions for Decision:
Mr Ydgren said that Mr Butt was the driver of GRETNA’S BEST in Race 9 and Miss J J A Young had been the driver of TARPORT SPIRIT. It was reported to the Stewards that, after the finish of the race and the drivers had assembled at the gate from the track to the stables area, Mr Butt had directed the words “you f*****g slut” to Miss Young. Mr Ydgren alleged that this was said in front of the starter and his crew.
Mr Peter Lamb, the starter, said that following the running of Race 9 he was stationed at the gate from the track to the stables. He said that he had heard Mr Butt say to Miss Young words to the effect that “I was behind you the whole race you silly f***g slut”. When asked by Mr May, Mr Lamb confirmed that he had heard the language “loud and clear”. It may also have been heard by members of the public, Mr Lamb said. Mr Lamb said that it would be “commonplace” for members of the public to be in that vicinity after a race. He added that it was common for altercations to take place between drivers following a race but not using language such as was used on this occasion, so close to the stables area.
Mr Graeme Sandford, starter’s assistant, said that he was positioned near the stables at the gate off the track. He had heard Mr Butt and Miss Young arguing with each other and he heard Mr Butt say “what did you do that for, you f*** slut?”.
Miss Young, who had reported the incident to the Stewards, said that on heading back into the stables Mr Butt had turned to her and said “what were you doing there you stupid slut?” She said that she recalled Mr Butt calling her a “slut” but she was not prepared to say that he had called her a “f*****g slut”. When questioned by Mr May, Miss Young stated that after a race adrenaline was often high but what was said should not have been said where it was. She did not appreciate being called a “slut”. Miss Young confirmed that Mr Butt’s comments arose from a race incident in the race just concluded for which she had earlier been charged and suspended.
Mr Butt said that what was said was said in the heat of the moment and he could not recall exactly what was said to Miss Young. Miss Young had called to him prior to the racing incident. Miss Young said she had merely called for room. Mr Butt, when asked by the Committee, said that he had not had an opportunity to apologise to Miss Young.
Reasons for Decision:
The Committee heard evidence from three witnesses called by Mr Ydgren. Two of those witnesses, Mr Lamb and Mr Sandford, the starter and a starter’s assistant respectively, were both clear in their evidence as to the words used by Mr Butt to Miss Young – that is to say, “you fucking slut”. Miss Young was not so certain. She said she could not recall the exact words used by Mr Butt but was clear in her evidence that Mr Butt did use the term “slut”. The Committee feels that Miss Young may have been downplaying the situation as she was, it appeared to the Committee, a somewhat reluctant witness.
Mr Butt said that he could not recall the exact words that he used to Miss Young in the heat of the moment but it was, in our view, significant that he did not contest the evidence given by either Mr Lamb or Mr Sandford as to the language that he had used. We do not accept the evidence of Mr Butt that he did not recall the precise words that he used.
The Committee found the evidence given by Messrs Lamb and Sandford, both independent witnesses, to be very convincing. In the event, the Committee is clearly satisfied that Mr Butt did use those words as stated by Messrs Lamb and Sandford directed at Miss Young, a female junior driver, and possibly within earshot of members of the public. In doing so, he misconducted himself in terms of the Rule.
Submissions for Penalty:
Mr Ydgren said that Mr Butt had a clear record under the Rule. Mr Ydgren referred to the Penalty Guide which recommended as a starting point for “relatively minor bad behaviour or bad language” a fine of $200 and for “grossly offensive behaviour” by a licensed horseman a fine of $500 and/or suspension for 2 weeks. Mr Ydgren said he would place Mr Butt’s offending between those two points. His behaviour was “unacceptable and intolerable” on this occasion, notwithstanding it may have been in the heat of the moment. He said that the Stewards were not seeking a suspension of Mr Butt’s licence.
Mr Butt submitted that the offence was at the lower end of the scale referred to by Mr Ydgren. He also submitted that the words were used in the heat of the moment.
Reasons for Penalty:
In arriving at penalty, the Committee gave Mr Butt credit for his previous good record. However, on this occasion, he has let himself down quite badly. Aggravating factors in this case are, firstly, that his words to Miss Young were likely overheard by members of the public, thereby tarnishing the image of harness racing. In addition, Mr Butt’s lack of contrition was quite noticeable. The Committee, as stated earlier, did not accept either that Mr Butt did not recall the words that he used or that they were used in the heat of the moment. Several minutes would have elapsed between the incident which upset Mr Butt and the altercation with Miss Young which took place as the horses were about to leave the track.
With reference to the scale set out in the Penalty Guide, the Committee was of the view that the offending was nearer to the top of that scale. For that reason, and taking into account the matters referred to, the Committee was of the view that a fine of $400 was the appropriate penalty in this case.
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: 2645e7d7c473cd8779690bb47ddf070a
informantnumber: 66837
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 05/08/2011
hearing_title: NZ Metro TC 29 July 2011 - R 9
charge:
Using abusive language.
facts:
Following the running of Race 9, Treetech Specialist Treecare Mobile Pace, Information No. 66837 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Mr R J Butt, alleging that Mr Butt “used abusive language when coming off the track towards driver J Young”.
Mr Butt was present at the hearing of the information, assisted by Licensed Open Driver, Mr R T May, and he indicated that he did not admit the breach.
Rule 303 provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself . . .
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that Mr Butt was the driver of GRETNA’S BEST in Race 9 and Miss J J A Young had been the driver of TARPORT SPIRIT. It was reported to the Stewards that, after the finish of the race and the drivers had assembled at the gate from the track to the stables area, Mr Butt had directed the words “you f*****g slut” to Miss Young. Mr Ydgren alleged that this was said in front of the starter and his crew.
Mr Peter Lamb, the starter, said that following the running of Race 9 he was stationed at the gate from the track to the stables. He said that he had heard Mr Butt say to Miss Young words to the effect that “I was behind you the whole race you silly f***g slut”. When asked by Mr May, Mr Lamb confirmed that he had heard the language “loud and clear”. It may also have been heard by members of the public, Mr Lamb said. Mr Lamb said that it would be “commonplace” for members of the public to be in that vicinity after a race. He added that it was common for altercations to take place between drivers following a race but not using language such as was used on this occasion, so close to the stables area.
Mr Graeme Sandford, starter’s assistant, said that he was positioned near the stables at the gate off the track. He had heard Mr Butt and Miss Young arguing with each other and he heard Mr Butt say “what did you do that for, you f*** slut?”.
Miss Young, who had reported the incident to the Stewards, said that on heading back into the stables Mr Butt had turned to her and said “what were you doing there you stupid slut?” She said that she recalled Mr Butt calling her a “slut” but she was not prepared to say that he had called her a “f*****g slut”. When questioned by Mr May, Miss Young stated that after a race adrenaline was often high but what was said should not have been said where it was. She did not appreciate being called a “slut”. Miss Young confirmed that Mr Butt’s comments arose from a race incident in the race just concluded for which she had earlier been charged and suspended.
Mr Butt said that what was said was said in the heat of the moment and he could not recall exactly what was said to Miss Young. Miss Young had called to him prior to the racing incident. Miss Young said she had merely called for room. Mr Butt, when asked by the Committee, said that he had not had an opportunity to apologise to Miss Young.
reasonsfordecision:
The Committee heard evidence from three witnesses called by Mr Ydgren. Two of those witnesses, Mr Lamb and Mr Sandford, the starter and a starter’s assistant respectively, were both clear in their evidence as to the words used by Mr Butt to Miss Young – that is to say, “you fucking slut”. Miss Young was not so certain. She said she could not recall the exact words used by Mr Butt but was clear in her evidence that Mr Butt did use the term “slut”. The Committee feels that Miss Young may have been downplaying the situation as she was, it appeared to the Committee, a somewhat reluctant witness.
Mr Butt said that he could not recall the exact words that he used to Miss Young in the heat of the moment but it was, in our view, significant that he did not contest the evidence given by either Mr Lamb or Mr Sandford as to the language that he had used. We do not accept the evidence of Mr Butt that he did not recall the precise words that he used.
The Committee found the evidence given by Messrs Lamb and Sandford, both independent witnesses, to be very convincing. In the event, the Committee is clearly satisfied that Mr Butt did use those words as stated by Messrs Lamb and Sandford directed at Miss Young, a female junior driver, and possibly within earshot of members of the public. In doing so, he misconducted himself in terms of the Rule.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that Mr Butt had a clear record under the Rule. Mr Ydgren referred to the Penalty Guide which recommended as a starting point for “relatively minor bad behaviour or bad language” a fine of $200 and for “grossly offensive behaviour” by a licensed horseman a fine of $500 and/or suspension for 2 weeks. Mr Ydgren said he would place Mr Butt’s offending between those two points. His behaviour was “unacceptable and intolerable” on this occasion, notwithstanding it may have been in the heat of the moment. He said that the Stewards were not seeking a suspension of Mr Butt’s licence.
Mr Butt submitted that the offence was at the lower end of the scale referred to by Mr Ydgren. He also submitted that the words were used in the heat of the moment.
reasonsforpenalty:
In arriving at penalty, the Committee gave Mr Butt credit for his previous good record. However, on this occasion, he has let himself down quite badly. Aggravating factors in this case are, firstly, that his words to Miss Young were likely overheard by members of the public, thereby tarnishing the image of harness racing. In addition, Mr Butt’s lack of contrition was quite noticeable. The Committee, as stated earlier, did not accept either that Mr Butt did not recall the words that he used or that they were used in the heat of the moment. Several minutes would have elapsed between the incident which upset Mr Butt and the altercation with Miss Young which took place as the horses were about to leave the track.
With reference to the scale set out in the Penalty Guide, the Committee was of the view that the offending was nearer to the top of that scale. For that reason, and taking into account the matters referred to, the Committee was of the view that a fine of $400 was the appropriate penalty in this case.
penalty:
Mr Butt was fined the sum of $400.
hearing_type: Hearing
Rules: 303(2)
Informant: NM Ydgren - Stipendiary Steward
JockeysandTrainer: RJ Butt - Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ea1185e0830605a667e6a1b345ac4aec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7a5e30d6ac6c7f878124ff33946ef51e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/07/2011
meet_title: NZ Metro TC - 29 July 2011
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: NZ Metro TC