NZ Metro TC 5 April 2019 – R 3 – Chair, Mr R McKenzie
ID: JCA16296
Meet Title:
NZ Metro TC - 5 April 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2019/04/05
Race Number:
R3
Decision:
Mr Butt having admitted the breach, the charge was found proved.
Penalty:
Mr Butt’s Open Driver’s licence is suspended from after the close of racing on 7 April up to and including 22 April 2019 – 5 days. In addition, Mr Butt is fined the sum of $500.
Facts:
Following the running of Race 3, Inkwise NZ Trotting Derby (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R J Butt, alleging that Mr Butt, as the driver of LOTAMUSCLE in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren had Stipendiary Steward, Mr S W Wallis, show videos replays of the final 400 metres of the race. He pointed out Mr Butt, driving LOTAMUSCLE, three places back on the markers as the field approached the home turn. After turning into the home straight, Mr Butt improved outwards to make his run and, from that point, used his whip fourteen times in the run to the finish, winning the race by the official margin of a nose. Mr Butt said that he accepted the alleged count.
Mr Butt said that he understood the Rule and Regulation and that the breach was “pretty clear cut”. However, he said, he had won the Derby by a nose, he was trying hard and emotion had overtaken him. It was his first Group 1 win in New Zealand and everybody wanted to win the Derby, he said.
Submissions for Penalty:
Mr Ydgren outlined to the Committee Mr Butt’s recent record under the Rule. On 16 December 2018, he had been fined $200 and, on 3 January 2019, he had received a 3-day suspension, again at Rangiora. He referred the Committee to the starting point in the Penalty Guide for a second or subsequent breach – a 3 to 5 days suspension.
The race was a Group 1 race for a stake of $100,000 and the Committee should take this into account, Mr Ydgren submitted. The only mitigating factors were Mr Butt’s admission of the breach and his cooperation with the Stewards, Mr Ydgren said. However, he had won the race by a nose and, in doing so, had driven outside the Rules. Stewards were seeking a term of suspension but would have no objection to a combined penalty of a suspension and a fine.
Mr Butt said that he would appreciate a combined penalty. The hearing then looked at upcoming meetings at which Mr Butt would be likely to have drives, and the Committee and the parties were able to establish those meetings.
Reasons for Penalty:
In determining penalty, the Committee has had regard to the Penalty Guide starting point referred to by Mr Ydgren. The present breach is Mr Butt’s third in the last 6 months although, we acknowledge, the most recent was over 3 month’s ago. We note that Mr Butt has had 120 drives this season to date, so he is a reasonably regular driver. Having regard to Mr Butt’s record, we take a starting point of 4 days and we uplift that by 1 day for the status of the race and the stake payable.
The Committee regards as an aggravating factor the fact that LOTAMUSCLE won the race by a nose. In the circumstances, we consider that a fine, in addition to the suspension of 5 days, is a more appropriate penalty for that factor and, in this regard, we fine Mr Butt the sum of $500.
Mr Ydgren referred to a couple of mitigating factors but, of course, mitigating factors, unless exceptional, are not taken into account by a Judicial Committee in fixing whip penalties.
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: d60c5159930d7eee6b350d98ff2c81c6
informantnumber: A12434
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2019
hearing_title: NZ Metro TC 5 April 2019 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Inkwise NZ Trotting Derby (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R J Butt, alleging that Mr Butt, as the driver of LOTAMUSCLE in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren had Stipendiary Steward, Mr S W Wallis, show videos replays of the final 400 metres of the race. He pointed out Mr Butt, driving LOTAMUSCLE, three places back on the markers as the field approached the home turn. After turning into the home straight, Mr Butt improved outwards to make his run and, from that point, used his whip fourteen times in the run to the finish, winning the race by the official margin of a nose. Mr Butt said that he accepted the alleged count.
Mr Butt said that he understood the Rule and Regulation and that the breach was “pretty clear cut”. However, he said, he had won the Derby by a nose, he was trying hard and emotion had overtaken him. It was his first Group 1 win in New Zealand and everybody wanted to win the Derby, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren outlined to the Committee Mr Butt’s recent record under the Rule. On 16 December 2018, he had been fined $200 and, on 3 January 2019, he had received a 3-day suspension, again at Rangiora. He referred the Committee to the starting point in the Penalty Guide for a second or subsequent breach – a 3 to 5 days suspension.
The race was a Group 1 race for a stake of $100,000 and the Committee should take this into account, Mr Ydgren submitted. The only mitigating factors were Mr Butt’s admission of the breach and his cooperation with the Stewards, Mr Ydgren said. However, he had won the race by a nose and, in doing so, had driven outside the Rules. Stewards were seeking a term of suspension but would have no objection to a combined penalty of a suspension and a fine.
Mr Butt said that he would appreciate a combined penalty. The hearing then looked at upcoming meetings at which Mr Butt would be likely to have drives, and the Committee and the parties were able to establish those meetings.
reasonsforpenalty:
In determining penalty, the Committee has had regard to the Penalty Guide starting point referred to by Mr Ydgren. The present breach is Mr Butt’s third in the last 6 months although, we acknowledge, the most recent was over 3 month’s ago. We note that Mr Butt has had 120 drives this season to date, so he is a reasonably regular driver. Having regard to Mr Butt’s record, we take a starting point of 4 days and we uplift that by 1 day for the status of the race and the stake payable.
The Committee regards as an aggravating factor the fact that LOTAMUSCLE won the race by a nose. In the circumstances, we consider that a fine, in addition to the suspension of 5 days, is a more appropriate penalty for that factor and, in this regard, we fine Mr Butt the sum of $500.
Mr Ydgren referred to a couple of mitigating factors but, of course, mitigating factors, unless exceptional, are not taken into account by a Judicial Committee in fixing whip penalties.
penalty:
Mr Butt’s Open Driver’s licence is suspended from after the close of racing on 7 April up to and including 22 April 2019 – 5 days. In addition, Mr Butt is fined the sum of $500.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: R J Butt, Licensed Open Driver
Otherperson: S W Wallis, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7f90b9cb6c69dc3c4c9f148ab65fb35b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d49e9102c2d8f117a2f40a90eebde01a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2019
meet_title: NZ Metro TC - 5 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC