NZ Metro TC 25 September 2020 – R 2 – Chair, Mr R McKenzie
ID: JCA14063
Meet Title:
NZ Metro TC - 25 September 2020
Meet Chair:
RMcKenzie
Race Date:
2020/09/25
Race Number:
R2
Decision:
Mr Butt having admitted the breach, the charge is found proved.
Penalty:
Mr Butt’s Open Driver’s licence is suspended from after the close of racing on 2 October next up to and including 11 October 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are Timaru HRC on 4 October, NZ Metropolitan TC on 8 October and Methven TC on 11 October 2020.
Facts:
Following the running of Race 2, Clarkson Signs – Complete Signage Solutions Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R J Butt, alleging that Mr Butt, as the driver of MANHATTAN in the race, “used his whip on more occasions than is permitted [by Clause (b) of the Use of the Whip Regulation] inside the final 400 metres”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(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 Renault showed a video replay of the final 400 metres of the race. He pointed out MANHATTAN, driven by Mr Butt, in the lead as the field approached the home turn. Mr Renault showed that Mr Butt commenced using his whip as he entered the straight and alleged that he used it a total of 12 times, including some backhanders, from that point to the finishing line. The alleged count of 12 strikes was accepted by Mr Butt. The Committee noted that MANHATTAN finished in 2nd placing, a ½ head from the winner.
Mr Butt accepted that the breach was “pretty clearcut”. It was a tight finish, he said, but he had breached the rule. The filly had “kept finding”, he said.
Submissions for Penalty:
Mr Renault told the Committee that Mr Butt has had 48 drives this season prior to tonight’s race and, in the 2019/2020 season, he had 224 drives. He said that Mr Butt has a previous breach of the rule on his record – at Addington on 31 July 2020 (11 strikes, won the race, fined $300). That was a mid-range breach, he said.
Mr Renault referred to the starting point for penalty in the regulation for a second or subsequent breach of a 3-5 days suspension. This breach was in the low-range and Stewards were submitting that a 3-days suspension would be an appropriate penalty, he said.
Mr Butt requested a deferment of any suspension until after 2 October next. He went on to say that he has the opportunity to drive one of the favourites in the New Zealand Cup. A 3-days suspension would mean he will lose the drive on that horse at Methven on 8 October which, in turn, could result in his losing the drive in the Cup. This was a very big opportunity for him, he said. He requested the Committee to consider a combined penalty of a suspension and a fine.
Reasons for Penalty:
The Use of the Whip Regulation prescribes a 3-5 days suspension for a second or subsequent breach of the rule.
The breach is low-end. The number of strikes (12) is in the low-range and the majority of those strikes were not delivered with a great deal of force. Several were backhanders. Mr Butt finished in 2nd placing in the race, beaten by a ½ head. The Committee believes that he did not gain any advantage, as there were 4½ lengths back to the 3rd placed runner. There were no relevant mitigating factors.
Mr Butt’s application for a combined penalty of a suspension and a fine is denied. Such combined penalties are only given in exceptional circumstances and Mr Butt’s circumstances, although unfortunate for him, are not exceptional, in the Committee’s opinion.
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: 92fb3fd53238636ce56ff9e7232a187c
informantnumber: A13213
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/09/2020
hearing_title: NZ Metro TC 25 September 2020 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Clarkson Signs – Complete Signage Solutions Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr R J Butt, alleging that Mr Butt, as the driver of MANHATTAN in the race, “used his whip on more occasions than is permitted [by Clause (b) of the Use of the Whip Regulation] inside the final 400 metres”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(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 Renault showed a video replay of the final 400 metres of the race. He pointed out MANHATTAN, driven by Mr Butt, in the lead as the field approached the home turn. Mr Renault showed that Mr Butt commenced using his whip as he entered the straight and alleged that he used it a total of 12 times, including some backhanders, from that point to the finishing line. The alleged count of 12 strikes was accepted by Mr Butt. The Committee noted that MANHATTAN finished in 2nd placing, a ½ head from the winner.
Mr Butt accepted that the breach was “pretty clearcut”. It was a tight finish, he said, but he had breached the rule. The filly had “kept finding”, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Butt has had 48 drives this season prior to tonight’s race and, in the 2019/2020 season, he had 224 drives. He said that Mr Butt has a previous breach of the rule on his record – at Addington on 31 July 2020 (11 strikes, won the race, fined $300). That was a mid-range breach, he said.
Mr Renault referred to the starting point for penalty in the regulation for a second or subsequent breach of a 3-5 days suspension. This breach was in the low-range and Stewards were submitting that a 3-days suspension would be an appropriate penalty, he said.
Mr Butt requested a deferment of any suspension until after 2 October next. He went on to say that he has the opportunity to drive one of the favourites in the New Zealand Cup. A 3-days suspension would mean he will lose the drive on that horse at Methven on 8 October which, in turn, could result in his losing the drive in the Cup. This was a very big opportunity for him, he said. He requested the Committee to consider a combined penalty of a suspension and a fine.
reasonsforpenalty:
The Use of the Whip Regulation prescribes a 3-5 days suspension for a second or subsequent breach of the rule.
The breach is low-end. The number of strikes (12) is in the low-range and the majority of those strikes were not delivered with a great deal of force. Several were backhanders. Mr Butt finished in 2nd placing in the race, beaten by a ½ head. The Committee believes that he did not gain any advantage, as there were 4½ lengths back to the 3rd placed runner. There were no relevant mitigating factors.
Mr Butt’s application for a combined penalty of a suspension and a fine is denied. Such combined penalties are only given in exceptional circumstances and Mr Butt’s circumstances, although unfortunate for him, are not exceptional, in the Committee’s opinion.
penalty:
Mr Butt’s Open Driver’s licence is suspended from after the close of racing on 2 October next up to and including 11 October 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are Timaru HRC on 4 October, NZ Metropolitan TC on 8 October and Methven TC on 11 October 2020.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulation
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: R J Butt, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 78bd1bf7f58ce8cd4365c20a26a4ffac
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: bcd6af5f86e11edda53dc88c898e3b0d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/09/2020
meet_title: NZ Metro TC - 25 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC