Auckland TC 12 December 2014 – R 6
ID: JCA14392
Meet Title:
Auckland TC - 12 December 2014
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2014/12/12
Race Number:
R6
Decision:
The charge is admitted and accordingly is upheld.
Penalty:
This Committee imposes a fine of $250.00 on Mr Butcher.
Facts:
Following the running of the JAKE SMIT MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Renault against Mr Z Butcher the driver of ASUKA alleging that near the 100 metres mark from the finish he angled out to improve and in doing so he dictated IDEAL SUCCESS out into the line of SWEET ART which was tightened and broke.
Mr Butcher was present and advised the Committee that he admitted the breach.
The Rule (Careless driving ) was explained to Mr Butcher and he acknowledged that he understood it.
Mr Renault demonstrated the incident by use of the race films and showed where in the home straight ASUKA was on the inside line with IDEAL SUCCESS on the outside and SWEET ART further out but back a bit. Mr Butcher angled his horse out to get a run and in doing so he pushed IDEAL SUCCESS onto SWEET ART and that horse broke.
Mr Butcher said that he admitted the breach but that both horses affected were tiring at the time and that their chances were not affected. He did say that he did not realise that SWEET ART was on the outside.
He also pointed to some tightening from horses further out.
Submissions for Penalty:
Mr Renault submitted that the interference was at the lower end of the scale of seriousness and he pointed to the fact that both horses who suffered interference did not have their chances affected. He said that Mr Butcher is a busy driver and that he has already had 136 drives this season. He acknowledged that Mr Butcher had a prior breach of this rule in May of this year for which he was fined $500.00 but he said that that was in a Group race. He submitted that this matter could be dealt with by a fine of $250.00.
Mr Butcher agreed with Mr Renault's submissions and also said by way of mitigation that there was some tightening at the time from the outside and this meant that the horses he pushed out could not move out wider.
Reasons for Penalty:
The Committee has viewed the films which are very clear and Mr Butcher has caused the interference to the other 2 horses. He has admitted the breach but in reality he had no other option.
The Committee is aware that Mr Butcher is a very busy driver and he generally has a good record. He does however have a previous breach of this rule in May this year and the Committee pointed this out to Mr Butcher and it is an aggravating factor. Another aggravating factor is that he interfered with 2 horses however we are told that their chances were not affected.
We agree with Mr Renault that this matter is at the low end of the scale and we take this into account when assessing penalty.
Taking all of the above into account we believe that a fine of the level submitted by Mr Renault is appropriate.
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: 7d8d754d18812124a57e3606c4221dfc
informantnumber: A7401
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2014
hearing_title: Auckland TC 12 December 2014 - R 6
charge:
facts:
Following the running of the JAKE SMIT MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Renault against Mr Z Butcher the driver of ASUKA alleging that near the 100 metres mark from the finish he angled out to improve and in doing so he dictated IDEAL SUCCESS out into the line of SWEET ART which was tightened and broke.
Mr Butcher was present and advised the Committee that he admitted the breach.
The Rule (Careless driving ) was explained to Mr Butcher and he acknowledged that he understood it.
Mr Renault demonstrated the incident by use of the race films and showed where in the home straight ASUKA was on the inside line with IDEAL SUCCESS on the outside and SWEET ART further out but back a bit. Mr Butcher angled his horse out to get a run and in doing so he pushed IDEAL SUCCESS onto SWEET ART and that horse broke.
Mr Butcher said that he admitted the breach but that both horses affected were tiring at the time and that their chances were not affected. He did say that he did not realise that SWEET ART was on the outside.
He also pointed to some tightening from horses further out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and accordingly is upheld.
sumissionsforpenalty:
Mr Renault submitted that the interference was at the lower end of the scale of seriousness and he pointed to the fact that both horses who suffered interference did not have their chances affected. He said that Mr Butcher is a busy driver and that he has already had 136 drives this season. He acknowledged that Mr Butcher had a prior breach of this rule in May of this year for which he was fined $500.00 but he said that that was in a Group race. He submitted that this matter could be dealt with by a fine of $250.00.
Mr Butcher agreed with Mr Renault's submissions and also said by way of mitigation that there was some tightening at the time from the outside and this meant that the horses he pushed out could not move out wider.
reasonsforpenalty:
The Committee has viewed the films which are very clear and Mr Butcher has caused the interference to the other 2 horses. He has admitted the breach but in reality he had no other option.
The Committee is aware that Mr Butcher is a very busy driver and he generally has a good record. He does however have a previous breach of this rule in May this year and the Committee pointed this out to Mr Butcher and it is an aggravating factor. Another aggravating factor is that he interfered with 2 horses however we are told that their chances were not affected.
We agree with Mr Renault that this matter is at the low end of the scale and we take this into account when assessing penalty.
Taking all of the above into account we believe that a fine of the level submitted by Mr Renault is appropriate.
penalty:
This Committee imposes a fine of $250.00 on Mr Butcher.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr Z Butcher - Driver of ASUKA
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7e3eb86bfc6f17041081d47d112440f5
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: d30b32a145d0d205dc12459f95f85710
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/12/2014
meet_title: Auckland TC - 12 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC