Ashburton TC 24 October 2011 – R 6
ID: JCA12993
Meet Title:
Ashburton TC - 24 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/24
Race Number:
R6
Decision:
Mr Butcher having admitted the breach, the charge was found proved.
Penalty:
Mr Butcher was fined the sum of $500.
Charge:
Careless Driving
Facts:
Following the running of Race 6, RX Plastics Ashburton Flying Stakes (Stand) Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr D J Butcher, alleging a breach of Rule 869 (3) (b) in that Mr Butcher, as the driver of GOMEO ROMEO in the race, “drove carelessly when near the 900 metres he shifted his drive wider on the track sharply when not clear of POWER OF TARA which was checked and galloped”.
Mr D J Butcher was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
It was agreed by both Mr McIntyre and Mr Butcher that the evidence adduced at the earlier protest hearing be accepted as evidence in support of the charge.
Submissions for Penalty:
Mr McIntyre said that Mr Butcher is a senior horseman. Last season, he had 772 drives with only one breach of the careless driving Rule. To date in the current season, Mr Butcher has had 81 drives. Mr McIntyre referred to the Penalty Guide which recommended a starting point for careless driving in a major race of a suspension for 30 drives or a fine of $1,500 or for causing a relegation, 10 drives or $500. Mr McIntyre submitted that it was a $60,000 race and was a Group 2 event. It was a 6 on a scale of seriousness of 1 to 10, Mr McIntyre said. He submitted that a fine in the vicinity of $600 was appropriate.
Mr Butcher submitted that there was some onus on Mr McNally to make room to avoid interference. Mr McNally was not entirely in a position to hold his position. It was not entirely his, Mr Butcher’s, fault, he said. Mr McNally had galloped but he could have avoided it, Mr Butcher submitted.
Reasons for Penalty:
In this case, the mitigating factors were Mr Butcher’s admission of the breach, albeit somewhat reluctant, and his previous very good record. The principal aggravating factor is that Mr Butcher’s carelessness resulted in the relegation of his horse, GOMEO ROMEO, in a Group 2 race. The Committee also had regard to the Penalty Guide and to the database of penalties imposed for careless driving in other Group races. In addition, the Committee took into account the penalty submissions made by Mr Butcher – that is to say, that Mr McNally had contributed in part to what happened. However, in the view of the Committee, Mr McNally was quite entitled to drive in the manner that he did.
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: 339dd68e389b269c54806b680d5a5c0e
informantnumber: A1005
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/10/2011
hearing_title: Ashburton TC 24 October 2011 - R 6
charge:
Careless Driving
facts:
Following the running of Race 6, RX Plastics Ashburton Flying Stakes (Stand) Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr D J Butcher, alleging a breach of Rule 869 (3) (b) in that Mr Butcher, as the driver of GOMEO ROMEO in the race, “drove carelessly when near the 900 metres he shifted his drive wider on the track sharply when not clear of POWER OF TARA which was checked and galloped”.
Mr D J Butcher was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
It was agreed by both Mr McIntyre and Mr Butcher that the evidence adduced at the earlier protest hearing be accepted as evidence in support of the charge.
reasonsfordecision:
Decision:
Mr Butcher having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre said that Mr Butcher is a senior horseman. Last season, he had 772 drives with only one breach of the careless driving Rule. To date in the current season, Mr Butcher has had 81 drives. Mr McIntyre referred to the Penalty Guide which recommended a starting point for careless driving in a major race of a suspension for 30 drives or a fine of $1,500 or for causing a relegation, 10 drives or $500. Mr McIntyre submitted that it was a $60,000 race and was a Group 2 event. It was a 6 on a scale of seriousness of 1 to 10, Mr McIntyre said. He submitted that a fine in the vicinity of $600 was appropriate.
Mr Butcher submitted that there was some onus on Mr McNally to make room to avoid interference. Mr McNally was not entirely in a position to hold his position. It was not entirely his, Mr Butcher’s, fault, he said. Mr McNally had galloped but he could have avoided it, Mr Butcher submitted.
reasonsforpenalty:
In this case, the mitigating factors were Mr Butcher’s admission of the breach, albeit somewhat reluctant, and his previous very good record. The principal aggravating factor is that Mr Butcher’s carelessness resulted in the relegation of his horse, GOMEO ROMEO, in a Group 2 race. The Committee also had regard to the Penalty Guide and to the database of penalties imposed for careless driving in other Group races. In addition, the Committee took into account the penalty submissions made by Mr Butcher – that is to say, that Mr McNally had contributed in part to what happened. However, in the view of the Committee, Mr McNally was quite entitled to drive in the manner that he did.
penalty:
Mr Butcher was fined the sum of $500.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer: DJ Butcher - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 63b53515592d1591393cb17b92ebcba9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0ecf1c8e3fdb021af296a1ffd8975828
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/10/2011
meet_title: Ashburton TC - 24 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC