NZ Metropolitan TC 4 July 2013 – R 11
ID: JCA14564
Meet Title:
NZ Metro TC - 4 July 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/07/04
Race Number:
R11
Decision:
Mr Butt having admitted the charge, the charge was found proved.
Penalty:
Mr Butt was fined the sum of $200.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 11, Blue Star Taxis Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr A M Butt, alleging that Mr Butt, as the driver of BETABEEASY in the race, “used his whip in a manner which Stewards deem to be excessive”.
Mr Butt was present at the hearing of the information and he indicated that he did not admit the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out BETABEEASY, driven by Mr Butt, racing 3-wide as the field entered the home straight. Mr Ydgren alleged that, from that point, Mr Butt used his whip approximately 22-23 times, with “a couple of little flicks” at the end.
Mr Butt said that he did not agree that he had used the whip that many times. He submitted that he had hit the horse in the normal forehand manner 3 or 4 times round the bend and to the 200 metres. When he switched to the inside, the horse ran in so he switched to the backhand and gave the horse “a few backhanders”. In the final stages, he switched back to using the reins. Mr Butt submitted that it was at the low end of the scale and excessive force was not used. He did concede that the number of strikes was “getting up there”.
At the Committee’s request, the video was replayed and the number of strikes, including backhanders, were counted by those present. The Committee was satisfied that the number of strikes was at least 23 as alleged by the Stewards and this was put to Mr Butt. He then stated that he accepted that 20 or more strikes was likely to be in breach of the Rule.
Mr Butt was offered by the Committee the opportunity to amend his plea. Mr Butt indicated that he would do so and admitted the breach.
Submissions for Penalty:
Mr Ydgren said that the Stewards saw the breach as being at the lower end of the scale. Any strikes on the horse were not forceful. Mr Butt had no previous breaches of the Rule. Mr Ydgren submitted that a fine of $200 was appropriate.
Mr Butt asked the Committee to accept that he had only been charged on one previous occasion with a breach of the whip Rule – about 10 years ago, he said. The present breach was at the lower end of the scale, he submitted.
Reasons for Penalty:
In determining penalty, the Committee had regard to Mr Butt’s admission of the breach and his excellent record under the Rule. The starting point for penalty under the Penalty Guide is a fine of $300. Mr Butt was entitled to a discount from that starting point for the two mitigating factors referred to. The Committee also accepted that the breach was at the lower end of the scale.
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: 93146a85b8e5fe3f5cdfd34b1d459baf
informantnumber: A1612
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/06/2013
hearing_title: NZ Metropolitan TC 4 July 2013 - R 11
charge:
Excessive use of the whip.
facts:
Following the running of Race 11, Blue Star Taxis Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr A M Butt, alleging that Mr Butt, as the driver of BETABEEASY in the race, “used his whip in a manner which Stewards deem to be excessive”.
Mr Butt was present at the hearing of the information and he indicated that he did not admit the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out BETABEEASY, driven by Mr Butt, racing 3-wide as the field entered the home straight. Mr Ydgren alleged that, from that point, Mr Butt used his whip approximately 22-23 times, with “a couple of little flicks” at the end.
Mr Butt said that he did not agree that he had used the whip that many times. He submitted that he had hit the horse in the normal forehand manner 3 or 4 times round the bend and to the 200 metres. When he switched to the inside, the horse ran in so he switched to the backhand and gave the horse “a few backhanders”. In the final stages, he switched back to using the reins. Mr Butt submitted that it was at the low end of the scale and excessive force was not used. He did concede that the number of strikes was “getting up there”.
At the Committee’s request, the video was replayed and the number of strikes, including backhanders, were counted by those present. The Committee was satisfied that the number of strikes was at least 23 as alleged by the Stewards and this was put to Mr Butt. He then stated that he accepted that 20 or more strikes was likely to be in breach of the Rule.
Mr Butt was offered by the Committee the opportunity to amend his plea. Mr Butt indicated that he would do so and admitted the breach.
reasonsfordecision:
Decision:
Mr Butt having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that the Stewards saw the breach as being at the lower end of the scale. Any strikes on the horse were not forceful. Mr Butt had no previous breaches of the Rule. Mr Ydgren submitted that a fine of $200 was appropriate.
Mr Butt asked the Committee to accept that he had only been charged on one previous occasion with a breach of the whip Rule – about 10 years ago, he said. The present breach was at the lower end of the scale, he submitted.
reasonsforpenalty:
In determining penalty, the Committee had regard to Mr Butt’s admission of the breach and his excellent record under the Rule. The starting point for penalty under the Penalty Guide is a fine of $300. Mr Butt was entitled to a discount from that starting point for the two mitigating factors referred to. The Committee also accepted that the breach was at the lower end of the scale.
penalty:
Mr Butt was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: A M Butt, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 27e6a38bb6bb1af166d2e42d388747a3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f566805d9a5df67c8391bdcdde2109f6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/07/2013
meet_title: NZ Metro TC - 4 July 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC