Auckland TC 14 June 2013 – R 7
ID: JCA12310
Meet Title:
Auckland TC - 14 June 2013
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2013/06/14
Race Number:
R7
Decision:
The Charge is upheld.
Penalty:
This Committee orders that Mr Butcher's Licence be suspended from the conclusion of racing today up to the conclusion of racing on the 21st of June 2013. That is one driving day but we estimate it to be at least 6 drives.
Charge:
Breach of Rule 869(3)(b) Careless Driving
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr Z Butcher alleging that Mr Butcher drove PRECIOUS ROSE carelessly shifting ground outwards onto SECRET DESIRE which shifted ground out onto THREE JEWELLS with resultant interference to POKER BRAT.
Mr Butcher was present and advised this Committee that he did not admit the charge. Mr Butcher is a Junior Horseman and accordingly he was assisted by Senior Horseman Mr P Butcher.
It was agreed at the beginning of the Hearing that the evidence given in the Protest Hearing into this race could be used at this Hearing.
Mr Muirhead demonstrated the incident again by use of the films of the race. He showed Mr Butcher coming out onto the horses outside him and showed where there was resultant interference to POKER BRAT which broke and lost its chance. He said Mr Butcher came out one and a half to possibly two sulky widths.
There were no questions of Mr Muirhead.
Mr Z Butcher said that when he came out he was entitled to do so and he then kept his line. He thought he only came out half a sulky width. This was endorsed by Mr P Butcher.
Submissions for Decision:
Mr Muirhead said that Mr Butcher had a responsibility not to interfere with or impede the progress of other horses. He repeated that Mr Butcher had changed ground at least one and a half and possibly two sulky widths. He also said that Mr Butcher was driving his horse out rather than keeping it straight and in doing so he was dictating the line of Mr Phelan's horse outwards.
Mr Z Butcher repeated what he had said in evidence about being entitled to move when he did and he again said no one had called out to him. He was suggesting that this indicated that he was not interfering with the progress of the others.
Mr P Butcher said that although Mr Z Butcher came out there were mitigating factors such as the movement by Mr Phelan.
Reasons for Decision:
The Committee listened to the new evidence and also considered again the evidence from the Protest Hearing and viewed the films again.
Mr Butcher has clearly come out and has probably moved out further than he needed to but in doing so he has clearly forced SECRET DESIRE onto THREE JEWELLS and in turn onto POKER BRAT.
There was very clearly interference caused to those 3 horses and as far as this Committee is concerned that interference was caused by Mr Butcher.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines for starting point penalty which he said provided for a $400.00 fine or suspension of Licence for 8 drives.
He said that although this incident resulted in a relegation he saw it being in the medium to lower end of the range of seriousness. He did say that Mr Butcher is a busy Junior Horseman. He also referred to Mr Butcher's record and said that Mr Butcher had a previous charge under Rule 869(4) at Hawera on the 1st of April 2013 when he was fined $275.00.
Messrs Butcher pointed to Mr Butcher being a Junior Horseman and because of his number of drives he has a good record. Mr Z Butcher said that if his Licence was suspended then the Committee should be aware that he had 10 drives tonight. He also said that if his Licence was suspended then he did not seek a deferment of suspension.
Reasons for Penalty:
The Committee considered the submissions of the Parties. The aggravating features are that the incident has not only caused interference to 3 horses but it has also resulted in the relegation of Mr Butcher's horse. Mr Butcher also has another charge on his record under a similar rule.
In mitigation Mr Muirhead tells us that the incident was in the medium to lower range of seriousness and we probably agree with that.
Mr Butcher is a Junior Horseman but as we see from his record he is a very busy and experienced driver. Prior to tonight he has had 562 drives this season and therefore his record is good. He has told us that he has had 10 drives tonight and therefore the expectation is that he will get a good book of drives at future meetings. In the circumstances we believe we can deal with this by way of a short suspension of Mr Butcher's Licence.
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: 4c41e10237610301f01e38c083849b01
informantnumber: A4650
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/06/2013
hearing_title: Auckland TC 14 June 2013 - R 7
charge:
Breach of Rule 869(3)(b) Careless Driving
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr Z Butcher alleging that Mr Butcher drove PRECIOUS ROSE carelessly shifting ground outwards onto SECRET DESIRE which shifted ground out onto THREE JEWELLS with resultant interference to POKER BRAT.
Mr Butcher was present and advised this Committee that he did not admit the charge. Mr Butcher is a Junior Horseman and accordingly he was assisted by Senior Horseman Mr P Butcher.
It was agreed at the beginning of the Hearing that the evidence given in the Protest Hearing into this race could be used at this Hearing.
Mr Muirhead demonstrated the incident again by use of the films of the race. He showed Mr Butcher coming out onto the horses outside him and showed where there was resultant interference to POKER BRAT which broke and lost its chance. He said Mr Butcher came out one and a half to possibly two sulky widths.
There were no questions of Mr Muirhead.
Mr Z Butcher said that when he came out he was entitled to do so and he then kept his line. He thought he only came out half a sulky width. This was endorsed by Mr P Butcher.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that Mr Butcher had a responsibility not to interfere with or impede the progress of other horses. He repeated that Mr Butcher had changed ground at least one and a half and possibly two sulky widths. He also said that Mr Butcher was driving his horse out rather than keeping it straight and in doing so he was dictating the line of Mr Phelan's horse outwards.
Mr Z Butcher repeated what he had said in evidence about being entitled to move when he did and he again said no one had called out to him. He was suggesting that this indicated that he was not interfering with the progress of the others.
Mr P Butcher said that although Mr Z Butcher came out there were mitigating factors such as the movement by Mr Phelan.
reasonsfordecision:
The Committee listened to the new evidence and also considered again the evidence from the Protest Hearing and viewed the films again.
Mr Butcher has clearly come out and has probably moved out further than he needed to but in doing so he has clearly forced SECRET DESIRE onto THREE JEWELLS and in turn onto POKER BRAT.
There was very clearly interference caused to those 3 horses and as far as this Committee is concerned that interference was caused by Mr Butcher.
Decision:
The Charge is upheld.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines for starting point penalty which he said provided for a $400.00 fine or suspension of Licence for 8 drives.
He said that although this incident resulted in a relegation he saw it being in the medium to lower end of the range of seriousness. He did say that Mr Butcher is a busy Junior Horseman. He also referred to Mr Butcher's record and said that Mr Butcher had a previous charge under Rule 869(4) at Hawera on the 1st of April 2013 when he was fined $275.00.
Messrs Butcher pointed to Mr Butcher being a Junior Horseman and because of his number of drives he has a good record. Mr Z Butcher said that if his Licence was suspended then the Committee should be aware that he had 10 drives tonight. He also said that if his Licence was suspended then he did not seek a deferment of suspension.
reasonsforpenalty:
The Committee considered the submissions of the Parties. The aggravating features are that the incident has not only caused interference to 3 horses but it has also resulted in the relegation of Mr Butcher's horse. Mr Butcher also has another charge on his record under a similar rule.
In mitigation Mr Muirhead tells us that the incident was in the medium to lower range of seriousness and we probably agree with that.
Mr Butcher is a Junior Horseman but as we see from his record he is a very busy and experienced driver. Prior to tonight he has had 562 drives this season and therefore his record is good. He has told us that he has had 10 drives tonight and therefore the expectation is that he will get a good book of drives at future meetings. In the circumstances we believe we can deal with this by way of a short suspension of Mr Butcher's Licence.
penalty:
This Committee orders that Mr Butcher's Licence be suspended from the conclusion of racing today up to the conclusion of racing on the 21st of June 2013. That is one driving day but we estimate it to be at least 6 drives.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr Z Butcher - Junior Horseman
Otherperson: Mr P Butcher - Senior Horseman assisting Mr Z Butcher
PersonPresent:
Respondent:
StipendSteward:
raceid: 642a4edc96b6d0069c465f084e650744
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ee65b69215736e500ccf34f81efc6839
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/06/2013
meet_title: Auckland TC - 14 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC