Bay of Plenty HRC 27 January 2013 – R 5
ID: JCA14912
Meet Title:
Bay of Plenty HRC - 27 January 2013
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2013/01/27
Race Number:
R5
Decision:
The Committee after some deliberation granted leave to withdraw the Charge against Mr Z Butcher.
Charge:
Careless Driving
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr Z Butcher alleging that Mr Butcher drove BROOK BRAD CAROLINA carelessly causing interference to PERFECT TERROR ( Driver DJ Branch ) with 800 metres to run.
Mr Butcher did not admit the charge and was assisted by Senior Horseman Mr DJ Butcher.
Mr Muirhead applied to the Committee pursuant to Rule 1105 to withdraw the Information.
When questioned by the Committee Mr Muirhead advised that his witness Mr Ferguson the driver of RIVIERA REIGNS had indicated that just prior to the incident there had been a sudden easing of the pace in front of him which Mr Ferguson believed contributed to the incident. Mr Ferguson's horse was in front of PERFECT TERROR at the time.
Mr Muirhead said that after questioning Mr Ferguson the Stewards had reconsidered the charge and believed that there was some doubt and that Mr Butcher should be given the benefit of any doubt.
Mr Muirhead then demonstrated the incident to the Committee by use of the video films. These showed that with about 900 metres to run Mr DJ Butcher was racing on the inside of Mr Z Butcher and pushed him out 3 wide. Mr Branch then attempted to move up into the 2 out line behind Mr DJ Butcher and Mr Z Butcher then moved back down to the 2 wide line and attempted to ease Mr Branch's horse down and Mr Branch's horse broke and lost its chance. This all happened with about 800 metres to run. Mr Muirhead pointed out that at the time of the incident there was a sudden easing of the pace in the 2 wide line which resulted in that line of horses coming back on both Mr Ferguson and Mr Branch.
Submissions for Decision:
Mr Muirhead said that there was some doubt as a result of the information given by Mr Ferguson and the Stewards viewing of the films of the incident and the Stewards had decided not to proceed. He therefore made application to the Committee to withdraw the Charge.
Mr Muirhead also advised that Mr Branch was not happy with the Stewards application and the Committee asked Mr MD Branch on behalf of Mr DJ Branch to be present.
Reasons for Decision:
The Committee after viewing the films and questioning Mr Muirhead at some length had some reservations about granting leave to withdraw the Information. The Committee believed that this was a charge that should have been tested before it.
The Committee notes however Mr Muirhead's advice concerning Mr Ferguson's information and also that the Stewards were unanimous in that there was some doubt and that the charge should be withdrawn. The other Stewards of the day, Messrs van Kan and Jones were present during the Application.
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: 8aec432cd945e1ca59c5b4424d89e475
informantnumber: A2488
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 18/12/2012
hearing_title: Bay of Plenty HRC 27 January 2013 - R 5
charge:
Careless Driving
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Junior Horseman Mr Z Butcher alleging that Mr Butcher drove BROOK BRAD CAROLINA carelessly causing interference to PERFECT TERROR ( Driver DJ Branch ) with 800 metres to run.
Mr Butcher did not admit the charge and was assisted by Senior Horseman Mr DJ Butcher.
Mr Muirhead applied to the Committee pursuant to Rule 1105 to withdraw the Information.
When questioned by the Committee Mr Muirhead advised that his witness Mr Ferguson the driver of RIVIERA REIGNS had indicated that just prior to the incident there had been a sudden easing of the pace in front of him which Mr Ferguson believed contributed to the incident. Mr Ferguson's horse was in front of PERFECT TERROR at the time.
Mr Muirhead said that after questioning Mr Ferguson the Stewards had reconsidered the charge and believed that there was some doubt and that Mr Butcher should be given the benefit of any doubt.
Mr Muirhead then demonstrated the incident to the Committee by use of the video films. These showed that with about 900 metres to run Mr DJ Butcher was racing on the inside of Mr Z Butcher and pushed him out 3 wide. Mr Branch then attempted to move up into the 2 out line behind Mr DJ Butcher and Mr Z Butcher then moved back down to the 2 wide line and attempted to ease Mr Branch's horse down and Mr Branch's horse broke and lost its chance. This all happened with about 800 metres to run. Mr Muirhead pointed out that at the time of the incident there was a sudden easing of the pace in the 2 wide line which resulted in that line of horses coming back on both Mr Ferguson and Mr Branch.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that there was some doubt as a result of the information given by Mr Ferguson and the Stewards viewing of the films of the incident and the Stewards had decided not to proceed. He therefore made application to the Committee to withdraw the Charge.
Mr Muirhead also advised that Mr Branch was not happy with the Stewards application and the Committee asked Mr MD Branch on behalf of Mr DJ Branch to be present.
reasonsfordecision:
The Committee after viewing the films and questioning Mr Muirhead at some length had some reservations about granting leave to withdraw the Information. The Committee believed that this was a charge that should have been tested before it.
The Committee notes however Mr Muirhead's advice concerning Mr Ferguson's information and also that the Stewards were unanimous in that there was some doubt and that the charge should be withdrawn. The other Stewards of the day, Messrs van Kan and Jones were present during the Application.
Decision:
The Committee after some deliberation granted leave to withdraw the Charge against Mr Z Butcher.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr Z Butcher - Junior Horseman
Otherperson: Mr DJ Butcher - Senior Horseman assisting Mr Z Butcher, Mr B Van Kamp - Stipendiary Steward, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 3d55c74980974186a4149e33c4186e1b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bc0a8380a75566a5f56436b742b2e442
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2013
meet_title: Bay of Plenty HRC - 27 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Bay of Plenty HRC