Manawatu HRC 2 May 2019 – R 3 – Chair, Mr T Utikere
ID: JCA13803
Meet Title:
Wairarapa HRC - 2 May 2019
Meet Chair:
TUtikere
Race Date:
2019/05/02
Race Number:
R1
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Butcher is fined $250.
Facts:
Following the running of Race 3 (Media Work’s Mobile Pace 2500m) Information A10268 was filed with the Judicial Committee. It alleged a breach of Rule 869(3)(b), specifically that Mr Butcher “...drove carelessly near the 500 metres when shifting his mare outwards which resulted in ERROL FINN (S Abernethy) being checked and paced roughly.”
Rule 869(3) states: “No horseman in any race shall drive:-...(b) carelessly”.
Mr Butcher had signed the Information as admitting the breach and had endorsed the Information with “I do not wish to be present at the hearing of this Information”.
Using the back straight film, which gave a head-on view of the incident, Mr Muirhead identified Mr Butcher in the second running line, immediately following Mr Curtin (TIA DALMA), with Mr S Abernethy (ERROL FINN) to Mr Butcher's outside. Approaching the 500 metres, TIA DALMA weakened and as Mr Butcher was up on that runner’s back, he had elected to shift out in what stewards described as an “abrupt” manner. As he had been racing forward of Mr S Abernethy, both runners had not been wheel to wheel. This resulted in Mr Butcher’s offside sulky wheel getting under the stomach of ERROL FINN, causing it to be checked. Mr Mulcay also identified that ERROL FINN had not broken or lost its chance as a result of the carelessness. As such, he submitted the carelessness to sit within the low range, but was still worthy of a charge as drivers in such a situation always ran the risk of causing interference. He said that Mr Butcher had advised stewards that he felt he was in a position to shift and that Mr S Abernethy had not accommodated the shift.
Submissions for Penalty:
Mr Mulcay identified the JCA Penalty Guide starting point of a 10 drives suspension or a $500 fine. He also did not believe there to be any aggravating features of the breach. Given his submission that the level of carelessness sat within the low range, along with Mr Butcher’s clear record and his admission of the breach; he submitted a moderate fine as appropriate.
Mr Butcher was not present to make submissions on penalty.
Reasons for Penalty:
The JCA Penalty Guide identifies a starting point of a $500 fine for this breach, which the Committee considers is appropriate to adopt on this occasion. The Committee accepts there are no aggravating features to the breach; Mr Butcher is fortunate that while ERROL FINN was checked, there were no significant consequences for it as a result of his carelessness. This leads the Committee to adopt the view that the level of carelessness falls at the low end. When shifting ground, it is clear that the onus is upon the driver undertaking the manoeuvre, to ensure that it is done in a safe manner that does not cause interference to any other runners. Mr Butcher, in accepting his responsibility for this breach, has failed in this regard. In mitigation, the Committee applies the respondent’s early admission of the breach and his clear record under the rule.
JCA Decision Fields (raw)
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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: 674bbc8d02687114f4080e84999731d8
informantnumber: A10268
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 02/05/2019
hearing_title: Manawatu HRC 2 May 2019 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (Media Work’s Mobile Pace 2500m) Information A10268 was filed with the Judicial Committee. It alleged a breach of Rule 869(3)(b), specifically that Mr Butcher “...drove carelessly near the 500 metres when shifting his mare outwards which resulted in ERROL FINN (S Abernethy) being checked and paced roughly.”
Rule 869(3) states: “No horseman in any race shall drive:-...(b) carelessly”.
Mr Butcher had signed the Information as admitting the breach and had endorsed the Information with “I do not wish to be present at the hearing of this Information”.
Using the back straight film, which gave a head-on view of the incident, Mr Muirhead identified Mr Butcher in the second running line, immediately following Mr Curtin (TIA DALMA), with Mr S Abernethy (ERROL FINN) to Mr Butcher's outside. Approaching the 500 metres, TIA DALMA weakened and as Mr Butcher was up on that runner’s back, he had elected to shift out in what stewards described as an “abrupt” manner. As he had been racing forward of Mr S Abernethy, both runners had not been wheel to wheel. This resulted in Mr Butcher’s offside sulky wheel getting under the stomach of ERROL FINN, causing it to be checked. Mr Mulcay also identified that ERROL FINN had not broken or lost its chance as a result of the carelessness. As such, he submitted the carelessness to sit within the low range, but was still worthy of a charge as drivers in such a situation always ran the risk of causing interference. He said that Mr Butcher had advised stewards that he felt he was in a position to shift and that Mr S Abernethy had not accommodated the shift.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Mulcay identified the JCA Penalty Guide starting point of a 10 drives suspension or a $500 fine. He also did not believe there to be any aggravating features of the breach. Given his submission that the level of carelessness sat within the low range, along with Mr Butcher’s clear record and his admission of the breach; he submitted a moderate fine as appropriate.
Mr Butcher was not present to make submissions on penalty.
reasonsforpenalty:
The JCA Penalty Guide identifies a starting point of a $500 fine for this breach, which the Committee considers is appropriate to adopt on this occasion. The Committee accepts there are no aggravating features to the breach; Mr Butcher is fortunate that while ERROL FINN was checked, there were no significant consequences for it as a result of his carelessness. This leads the Committee to adopt the view that the level of carelessness falls at the low end. When shifting ground, it is clear that the onus is upon the driver undertaking the manoeuvre, to ensure that it is done in a safe manner that does not cause interference to any other runners. Mr Butcher, in accepting his responsibility for this breach, has failed in this regard. In mitigation, the Committee applies the respondent’s early admission of the breach and his clear record under the rule.
penalty:
Mr Butcher is fined $250.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr B Butcher- Junior Driver of BEAUDIENE EMERALD
Otherperson: Mr J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: eedc027911474d0fd820189d04d951f9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a135bceef2356f7cd94ffe0b35e00da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/05/2019
meet_title: Wairarapa HRC - 2 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Wairarapa HRC