Non Raceday Inquiry – RIU v RJ Butt – 1 August 2011 – Final Decision dated 15 August 2011

hearingid: 739dd42a1fd3d43f213f11c0467e4202

informantnumber: 67909

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startdate: no date provided

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plea:

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decisiondate: 14/08/2011

hearing_title: Non Raceday Inquiry - RIU v RJ Butt - 1 August 2011 - Final Decision dated 15 August 2011

charge:

facts:

appealdecision: NO LINKED APPEAL DECISION

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Stipendiary Steward Mr N. M. Ydgren

Defendant: Mr R. J. Butt – Junior Horseman

Information No: 67909

Meeting: Ashburton Trotting Club

Date: 6 June 2011

Venue: Ashburton Racecourse

Race No. 1: Ashburton Security Trot

Rule No: 1001(1)(k)

Judicial Committee: J. M. Phelan Chairman K. G. Hales Committee Member

Plea: Not Admitted

Also Present: Mr A. M. Butt – Open Horseman (assisting Mr R. J. Butt), Stipendiary Steward Mr S. W. Wallis – Registrar, Stipendiary Steward Mr A. L. Ray, Stipendiary Steward Mr N. G. McIntyre

Charge:

This matter was heard at the Apprentice Room, Riccarton Racecourse, on 1 August 2011.

Following the running of Race 1, the Ashburton Security Trot, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr R. J. Butt, the driver of “Motu Claudia Rose” (3), alleging that he had committed a breach of Rule 1001(1)(k) in that he wilfully made a false and misleading statement to the Stipendiary Stewards.

Mr Butt is a Junior Horseman, and he was assisted at this hearing by Open Horseman Mr A. M. Butt.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 1001(1)(k) in that you wilfully made a false and misleading statement to the Stipendiary Stewards following your drive in race 1.”

Rule 1001(1)(k) is a Serious Racing Offence, and reads as follows.

”(1) Every person commits a serious racing offence within the meaning of these Rules, who, in New Zealand or in any other country:-
(k) wilfully supplies any false or misleading information, or makes any false or misleading declaration or statement, respecting any matter connected with racing or otherwise under these Rules to a Judicial Committee, an Appeals Tribunal, the Chairman, the Board the Stewards or Committee of a Club, a Stipendiary Steward, a Racecourse Inspector or any other body, tribunal or person; or wilfully makes a false or misleading statement in support of an application for any payment out of any trust fund; or in, or in connection with, any application for registration of a horse wilfully gives or causes to be given, or is knowingly a party to the giving of, any false or misleading information or particulars;”

Mr Butt had indicated on the Information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Butt also agreed that he understood the charge and the Rule it was brought under.

At this stage Mr A. M. Butt made submissions that a charge under Rule 872, as an alternative to the present charge, would be admitted by Mr R. J. Butt. Rule 872 provides as follows.

“If an accident or interference occurs during the running of the race every horseman concerned therein or directly affected thereby shall, unless incapacitated, immediately after the race report the matter to the Stipendiary Stewards who shall thereupon, if they think it necessary, conduct an investigation into the cause of the accident or interference and take such further action permitted by these Rules.”

These submissions were referred to Mr Ydgren, but he did not agree with the suggestion, saying that he preferred to carry on with the charge as it was.

There was a general discussion about the incident on the track, and it was agreed that there are numerous occasions where there is contact between participants during a race. These contacts very often do not amount to an “accident” or “interference”, and as such would not be reported. Such was the present case, and had the tyre not gone flat, that would have been the end of the matter. We do not believe that this was a matter that needed to be reported under the provisions of Rule 872.

Facts:

By agreement Mr Ydgren read a “Summary of Facts”.

After the running of Race 1 Mr Butt went to the Stipendiary Stewards room to advise that the sulky he had used had received a punctured tyre, and that he wished to make an application for a replacement tyre and tube through the Harness Racing New Zealand Sulky Fund. When asked where he had sustained the punctured tyre he said that it was “in the chute on the way back to the stables”. This is the chute leading from the birdcage to the stables. Mr Butt was asked this same question again, and he repeated the same answer. Mr Butt signed that claim form and left.

When the Stipendiary Stewards reviewed the video coverage of Race 1 about an hour later they noticed that during the race Mr Butt’s sulky tyre had been struck by the trailing runner, “Delta Dawn”, driven by Open Horseman Mr G. D. Smith. Shortly after this incident it could be seen that both Mr Smith and Mr Butt had looked down at the sulky wheel.

Mr Butt was then re-interviewed about this matter, and it was put to him that the punctured tyre had not occurred in the chute, but as a result of being struck during the race. Mr Butt then confirmed the Stipendiary Stewards observations that the tyre had been hit during the race, and that the flat tyre resulted from this contact.

Later in the day Mr Butt was again interviewed about this matter. In explanation Mr Butt said that he lied to the Stewards in an attempt to protect Mr Smith from any possible charges which may have been laid against him.

On behalf of Mr R. J. Butt, Mr A. M. Butt agreed with the accuracy of this “Summary of Facts”, except for two matters. This first (para. 9) was where it stated that the tyre had been “flattened” when struck by “Delta Dawn”. It had not been flattened at that time, and it was agreed that this be changed to “hit”.

The second matter related to para. 11 where it was stated that Mr Butt “confirmed he had lied about where the tyre had been flattened”. This statement is based on Mr Butt’s statement where he said –

“Mr Ydgren: OK, so you sustained the flat tyre on the track.
Mr Butt: Yeh.
Mr Ydgren: In that incident, not in the chute where you have told us?
Mr Butt: No.
Mr Ydgren: OK and the reason for that was you didn’t want to get Mr Smith in trouble?
Mr Butt: Na well what’s the point, it made no, it didn’t affect anything.
Mr Ydgren: Sorry.
Mr Butt: What’s the point its made no effect on my horse.
My Ydgren: So because its had no effect on your horse you can come in here and effectively tell a lie?
Mr Butt: Yeh.”

The admission by Mr Butt is therefore based on his written statement. Mr Butt had denied the charge of wilfully supplying false or misleading information, and this is the matter which we must determine. In other words, did Mr Butt in fact make a false and misleading statement to the Stipendiary Stewards as to where the tyre had been flattened?

Mr R. J. Butt gave evidence that the first time he noticed that the tyre was flat was in the chute after the race. When he was interviewed he did not think he was being untruthful when he said that the tyre had gone flat “in the chute”, as this was when he first noticed it.

Mr Ydgren in his final submissions said the Stipendiary Stewards case was that Mr Butt knew when reporting the punctured tyre that it was caused by the incident on the race track. Licence holders are required by the Rules to be open and honest in their dealings with the Stipendiary Stewards. By telling the Stipendiary Stewards that the incident had occurred in the chute was false and misleading, and therefore in breach of Rule 1001(1)(k).

Mr A. M. Butt in his final submissions said there was some confusion relating to this matter because the incident on the race track had not resulted in a punctured tyre at that time, and that the tyre going flat in the chute was a separate incident. Mr Butt did concede that Mr R. J. Butt should have been more forthcoming in telling the Stipendiary Stewards about the incident on the race track.

After hearing the evidence we adjourned to consider our decision.

Reasons For Decision:

After reviewing all the evidence we are satisfied that at about the 1900 metre mark in this race there was contact between Mr Smith’s horse and the sulky wheel of Mr Butt’s horse. This was of concern to both drivers, as they looked at the wheel on several occasions. It is clear that that the tyre did not go flat during the race, and we are also satisfied that this incident did not affect the outcome of the race.

On leaving the birdcage and entering the chute Mr Butt discovered that this tyre had gone flat. We find that Mr Butt was always aware that this damage was caused by the earlier incident on the race track.

When Mr Butt reported the punctured tyre to the Stipendiary Stewards he told them that the puncture had occurred in the chute. He later agreed that this statement was false, and that he had made this false and misleading statement in order to protect Mr Smith. We have looked at all aspects of Mr Butt’s behaviour relating to this matter. It would have been a simple matter for him to have told the truth from the outset. Instead he set out to mislead the Stipendiary Stewards.

Decision:

We find the charge proved.

This hearing was completed on 14 August 2011 at the Rangiora Harness Racing Club’s race meeting to be held at Rangiora Raceway.

Submissions on Penalty:

Mr Ydgren made submissions that this breach of the Rules is a Serious Racing Offence, and as such must be viewed seriously. Any penalty imposed should reflect the seriousness of the breach, and also deter other who might be similarly inclined to commit like acts. Mr Ydgren also pointed out that the primary reason Mr Butt made a false and misleading statement was in an attempt to prevent another driver from getting into trouble.

Mr Ydgren acknowledged that Mr Butt is a young man, and to a degree inexperienced in the industry. On the other hand his decision to try and mislead the Stipendiary Stewards was not made on the spur of the moment.

Mr Ydgren referred to similar previous decisions in GRNZ v. R and RIU v. H which we will refer to later in this decision.

Mr Ydgren submitted that a suspension of between 4 and 6 week should be imposed in this case.

On behalf of Mr Butt Mr A. M. Butt made submissions that this breach of the Rules was very much at the lower end of the scale of seriousness, and that the level of the penalty should accurately reflect that. Mr Butt also submitted that a lengthy suspension would have a very detrimental effect on his career at this time, as Mr Butt is now an Open Horseman.

Mr Butt also gave details of the recent decision in HRNZ v. C where Mr C was fined the sum of $450-00 for a breach of Rule 303(2). We will also refer to this matter later in this decision.

Mr A. M. Butt submitted that an appropriate penalty in this case was a fine of $400-00.

We adjourned to consider our decision.

Reasons for Decision on Penalty:

The decisions referred to us we found to be of little assistance. The R decision (a 3 month disqualification) was imposed as a concurrent penalty to that imposed for administering a prohibited substance. The facts in the H decision were much more serious then in this case in that there were two offences which were clearly premeditated. The C case related to misconduct, and is also unhelpful in this case.

We have taken into account all the submissions made by the parties. We are satisfied that, although this breach is a Serious Racing Offence, it is at the lower end of the scale of seriousness. Mr Butt is quite young and inexperienced, and also seems quite naïve. His intention to protect Mr Smith was unnecessary, as an honest approach would not have resulted in any action against him (Mr Smith).
 

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penalty:

Taking all the above matters into account we have decided that Mr Butt’ Open Horseman’s Licence will be suspended from after the completion of racing today (14 August 2011) until after the completion of racing on 26 August 2011. This is a two week suspension and includes race meetings at NZMTC on 19, 23 and 26 August 2011. In addition Mr Butt is fined the sum of $400-00.

Although this matter was heard as a non-race day matter we have taken into account that Mr Butt was willing to have the matter heard on the day of the breach. There will be no order as to costs.

________________    __________________
J. M. Phelan             K. G. Hales
Chairman                Committee Member

hearing_type: Non-race day

Rules: 101(1)(k)

Informant: Mr NM Ydgren - Stipendiary Steward

JockeysandTrainer:

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PersonPresent: Mr AM Butt - Open Horseman assisting Mr RJ Butt, Mr AL Ray - Stipendiary Steward, Mr S Wallis - Registrar

Respondent: Mr RJ Butt - Junior Horseman

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