Timaru HRC 24 April 2019 – R 2 – Chair, Mr S Ching
ID: JCA12745
Meet Title:
Timaru HRC - 24 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/04/24
Race Number:
R2
Decision:
As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Butt is suspended from the conclusion of racing today 24 April up to and including 10 May 2019. The relevant meeting encompasses in this period of suspension are Addington 3 May, Rangiora 5 May and Addington 10 May.
Facts:
Following the running of Race 2, the More FM Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr C Butt, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 Butt had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Butt driving MDINA, positioned mid field and 3 wide as the field turned for home, near the 400m. Inside the 400m, Mr Butt drew the whip and used it in a fore hand, striking motion on 12 occasions prior to the finish line. Mr Butt did not dispute the number of strikes, Mr Renault said.
Submissions for Penalty:
Mr Renault stated that Mr Butt had driven on 31 occasions to date this season but had a previous breach at Addington on 12 April 2019 where he received a $200 fine. He stated that the JCA Penalty Guide provided for a 3 to 5-day suspension for a second and subsequent breach of his rule within a six-month period. Mr Renault said that this breach was low end and that Mr Butt drove on average, 2 drives per relevant meeting. He submitted that a 3 to 4-day suspension be considered as penalty. He added that Mr Butt did not seek a deferment of penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a 3 to 5-day suspension for a second and subsequent breach of this rule. We agree with Mr Renault that this breach is at a low level and accordingly adopt a 3-day starting point. This Committee determined there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a 3-day suspension was an 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: 5269c172c827f5db9dffbbf93f953ac6
informantnumber: A11373
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the use of whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 27/04/2019
hearing_title: Timaru HRC 24 April 2019 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the More FM Trot, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr C Butt, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 Butt had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Butt driving MDINA, positioned mid field and 3 wide as the field turned for home, near the 400m. Inside the 400m, Mr Butt drew the whip and used it in a fore hand, striking motion on 12 occasions prior to the finish line. Mr Butt did not dispute the number of strikes, Mr Renault said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Butt had driven on 31 occasions to date this season but had a previous breach at Addington on 12 April 2019 where he received a $200 fine. He stated that the JCA Penalty Guide provided for a 3 to 5-day suspension for a second and subsequent breach of his rule within a six-month period. Mr Renault said that this breach was low end and that Mr Butt drove on average, 2 drives per relevant meeting. He submitted that a 3 to 4-day suspension be considered as penalty. He added that Mr Butt did not seek a deferment of penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a 3 to 5-day suspension for a second and subsequent breach of this rule. We agree with Mr Renault that this breach is at a low level and accordingly adopt a 3-day starting point. This Committee determined there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
Mr Butt is suspended from the conclusion of racing today 24 April up to and including 10 May 2019. The relevant meeting encompasses in this period of suspension are Addington 3 May, Rangiora 5 May and Addington 10 May.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: C Butt-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f4f97663576d1b896a0e5483c7154645
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5acc316cbfb99e367042b9049f6ab23
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/04/2019
meet_title: Timaru HRC - 24 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC