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Methven TC 11 December 2011 – R 4

ID: JCA14815

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mr T G Butt - Licensed Public Trainer

Information Number:
A5480

Hearing Type:
Hearing

Rules:
865(2)

Plea:
admitted

Meet Title:
Methven TC - 11 December 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2011/12/11

Race Number:
R4

Decision:

As Mr Butt admitted the breach, the charge was found proved. 

Penalty:

Mr Butt was fined the sum of $150.

Charge:

Horse presented in incorrect gear. 

Facts:

Following the running of Race 4, Ray Mayne Hose & Fittings Limited Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Public Trainer, Mr T G Butt, alleging a breach of Rule 865 (2) in that Mr Butt, as the trainer of ELUSIVE CHICK in the race, presented that horse to race in sliding blinds which had not been notified.

The Statement by the Defendant on the information form had been signed on behalf of Mr Butt by his Stable Foreman, Mr M D Bowden, who indicated that the breach was admitted. Mr Wallis informed the Committee that Mr Bowden did not wish to be present at the hearing.

Rule 865 provides as follows:

(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).

Submissions for Decision:

Mr Wallis said that Mr Butt had presented ELUSIVE CHICK trained by him, in Race 4, wearing sliding blinds that had not been notified to Harness Racing New Zealand.

Mr Wallis said that the offence was one included in the Minor Infringement System. However, Mr Butt had received two fines of $100 each under the scheme for breaches of Rule 865, one in February 2011 and the other in June 2011. For that reason, an information had been filed pursuant to Rule 1105A (3) (c).

Submissions for Penalty:

Mr Wallis described Mr Butt as a “busy trainer”. In the 2010/2011 season he had 296 starters and, in the current season to date, 73 starters, Mr Wallis said.

Mr Wallis submitted that a fine of $150 was appropriate.

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Butt’s admission of the breach. As the third breach of the Rule in the last 365 days, a fine in excess of that prescribed by the Minor Infringement System ($100) was required. Significant mitigating factors, however, were the number of runners which Mr Butt had lined up in the last 365 days and, also, the fact that the last breach of the Rule by Mr Butt was in June, 6 months ago.  

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: 7f04b983f41bb68cfff713b34315f526


informantnumber: A5480


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/12/2011


hearing_title: Methven TC 11 December 2011 - R 4


charge:

Horse presented in incorrect gear. 


facts:

Following the running of Race 4, Ray Mayne Hose & Fittings Limited Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Public Trainer, Mr T G Butt, alleging a breach of Rule 865 (2) in that Mr Butt, as the trainer of ELUSIVE CHICK in the race, presented that horse to race in sliding blinds which had not been notified.

The Statement by the Defendant on the information form had been signed on behalf of Mr Butt by his Stable Foreman, Mr M D Bowden, who indicated that the breach was admitted. Mr Wallis informed the Committee that Mr Bowden did not wish to be present at the hearing.

Rule 865 provides as follows:

(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule (1).


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis said that Mr Butt had presented ELUSIVE CHICK trained by him, in Race 4, wearing sliding blinds that had not been notified to Harness Racing New Zealand.

Mr Wallis said that the offence was one included in the Minor Infringement System. However, Mr Butt had received two fines of $100 each under the scheme for breaches of Rule 865, one in February 2011 and the other in June 2011. For that reason, an information had been filed pursuant to Rule 1105A (3) (c).


reasonsfordecision:


Decision:

As Mr Butt admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Wallis described Mr Butt as a “busy trainer”. In the 2010/2011 season he had 296 starters and, in the current season to date, 73 starters, Mr Wallis said.

Mr Wallis submitted that a fine of $150 was appropriate.


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Butt’s admission of the breach. As the third breach of the Rule in the last 365 days, a fine in excess of that prescribed by the Minor Infringement System ($100) was required. Significant mitigating factors, however, were the number of runners which Mr Butt had lined up in the last 365 days and, also, the fact that the last breach of the Rule by Mr Butt was in June, 6 months ago.  


penalty:

Mr Butt was fined the sum of $150.


hearing_type: Hearing


Rules: 865(2)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Mr T G Butt - Licensed Public Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9aa9172e94c37b9c113adb89140cb3fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2006b5113355ab9fe9bb15d429aa175d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/12/2011


meet_title: Methven TC - 11 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Methven TC