NZ Metro TC 23 December 2016 – R9 – Chair, Mr R McKenzie
ID: JCA16423
Meet Title:
NZ Metro TC - 23 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/23
Race Number:
R9
Decision:
Mr Butt having admitted the breach, the charge was found proved.
Penalty:
Mr Butt’s Open Horseman’s Licence is suspended from after the close of racing on 29 December 2016 up to and including 15 January 2017 – 5 days. The meetings intended to be encompassed by the term of suspension are Timaru HRC on 6 January, Rangiora HRC on 8 January, Oamaru HRC on 11 January, and Nelson HRC on 13 and 15 January 2017.
Facts:
Following the running of Race 9, Christchurch Casino Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr C A Butt, alleging a breach of Rule 869 (3)(b) in that Mr Butt, as the driver of LOCKED OUT OF HEAVEN in the race, “drove carelessly after 200 metres when allowing his horse to strike the sulky wheel of UNICO ENCHANTRESS which was punctured”.
Mr Butt was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Butt was the driver of LOCKED OUT OF HEAVEN, which had drawn barrier position 3 at the start of the 1950 metres mobile start. Mr Ydgren said that Mr Butt went forward from the start and attempted to take up a position behind UNICO ENCHANTRESS (R T May), which had drawn 1 and had gone forward to lead. Mr Butt had gone forward in an attempt to get onto the back of UNICO ENCHANTRESS. LETSGOTOTHEHOP (J F Curtin) which had drawn on the back of UNICO ENCHANTRESS at the start had drifted off the back of the leader and Mr Butt had been looking for a position on the back of the leader. However, Mr Curtin had quickly made up his lost ground and, probably, caught Mr Butt by surprise, Mr Ydgren said. He said that, in attempting to shift down, the near front leg of Mr Butt’s horse struck the sulky wheel of UNICO ENCHANTRESS causing the tyre of that runner’s sulky to puncture and his own horse to gallop and impede other runners as it went back through the field.
Mr Ydgren acknowledged that Mr May’s horse had shifted out “marginally” and that may have been a contributing factor in Mr Butt’s favour. However, the main shift was predominantly Mr Butt’s inwards shift. Mr Butt had misjudged the space available to him, Mr Ydgren submitted.
Mr Butt said that there was not a lot he could say other than to say that Mr May’s horse had contributed “a fraction” and may have been the difference between his hitting Mr May’s wheel and not hitting it, he submitted.
UNICO ENCHANTRESS had dragged a flat tyre for the race and had finished in 6th position, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Butt has had 191 drives in New Zealand for 19 wins. He drove 17 times last season and has driven 3 times this season, but those drives have been recent, Mr Ydgren said. Mr Butt is about to drive more frequently, he said.
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine or a 10-drives suspension. Mr Butt had been very frank and open with the Stewards and, taking into account his admission of the breach and good record, a fine in the vicinity of $350 was appropriate, Mr Ydgren submitted. Mr Butt’s own horse lost its chance and another runner’s chances had been affected, he said.
If the Committee proposed to impose a term of suspension, a 4-days’ suspension would be appropriate, Mr Ydgren submitted. Mr Butt had confirmed drives at Banks Peninsula TC on 29 December, so any suspension should commence after that meeting. Mr Ydgren then outlined the upcoming meetings where Mr Butt would be likely to drive. Mr Butt confirmed that he preferred a suspension to a fine.
Mr Butt said that he was not connected to a stable and that he, principally, drove horses that he trained himself. He did not wish to add anything further.
Reasons for Penalty:
The Committee had regard to Mr Butt’s preference for a suspension and accepted that such suspension should start after the Banks Peninsula TC meeting on 29 December.
The Committee considered that the seriousness of the breach (his own horse’s chances being extinguished and another runner’s chances affected) warranted an increase in the Penalty Guide starting point of a 10-drives suspension by 2 drives. Mr Butt was entitled to a discount from the increased starting point of 12 drives so arrived at for three mitigating factors – his good record, his frank admission of the breach and the possible contribution to the incident by UNICO ENCHANTRESS. We assessed the appropriate discount for those factors at 4 days. Based on Mr Butt’s likely having 1-2 drives per meeting, this equated to a 5-day suspension.
JCA Decision Fields (raw)
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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: b35c7faf77db097aed62883c5942e32b
informantnumber: A8334
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 27/12/2016
hearing_title: NZ Metro TC 23 December 2016 - R9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Christchurch Casino Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr C A Butt, alleging a breach of Rule 869 (3)(b) in that Mr Butt, as the driver of LOCKED OUT OF HEAVEN in the race, “drove carelessly after 200 metres when allowing his horse to strike the sulky wheel of UNICO ENCHANTRESS which was punctured”.
Mr Butt was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Butt was the driver of LOCKED OUT OF HEAVEN, which had drawn barrier position 3 at the start of the 1950 metres mobile start. Mr Ydgren said that Mr Butt went forward from the start and attempted to take up a position behind UNICO ENCHANTRESS (R T May), which had drawn 1 and had gone forward to lead. Mr Butt had gone forward in an attempt to get onto the back of UNICO ENCHANTRESS. LETSGOTOTHEHOP (J F Curtin) which had drawn on the back of UNICO ENCHANTRESS at the start had drifted off the back of the leader and Mr Butt had been looking for a position on the back of the leader. However, Mr Curtin had quickly made up his lost ground and, probably, caught Mr Butt by surprise, Mr Ydgren said. He said that, in attempting to shift down, the near front leg of Mr Butt’s horse struck the sulky wheel of UNICO ENCHANTRESS causing the tyre of that runner’s sulky to puncture and his own horse to gallop and impede other runners as it went back through the field.
Mr Ydgren acknowledged that Mr May’s horse had shifted out “marginally” and that may have been a contributing factor in Mr Butt’s favour. However, the main shift was predominantly Mr Butt’s inwards shift. Mr Butt had misjudged the space available to him, Mr Ydgren submitted.
Mr Butt said that there was not a lot he could say other than to say that Mr May’s horse had contributed “a fraction” and may have been the difference between his hitting Mr May’s wheel and not hitting it, he submitted.
UNICO ENCHANTRESS had dragged a flat tyre for the race and had finished in 6th position, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Butt has had 191 drives in New Zealand for 19 wins. He drove 17 times last season and has driven 3 times this season, but those drives have been recent, Mr Ydgren said. Mr Butt is about to drive more frequently, he said.
Mr Ydgren referred to the Penalty Guide starting point of a $500 fine or a 10-drives suspension. Mr Butt had been very frank and open with the Stewards and, taking into account his admission of the breach and good record, a fine in the vicinity of $350 was appropriate, Mr Ydgren submitted. Mr Butt’s own horse lost its chance and another runner’s chances had been affected, he said.
If the Committee proposed to impose a term of suspension, a 4-days’ suspension would be appropriate, Mr Ydgren submitted. Mr Butt had confirmed drives at Banks Peninsula TC on 29 December, so any suspension should commence after that meeting. Mr Ydgren then outlined the upcoming meetings where Mr Butt would be likely to drive. Mr Butt confirmed that he preferred a suspension to a fine.
Mr Butt said that he was not connected to a stable and that he, principally, drove horses that he trained himself. He did not wish to add anything further.
reasonsforpenalty:
The Committee had regard to Mr Butt’s preference for a suspension and accepted that such suspension should start after the Banks Peninsula TC meeting on 29 December.
The Committee considered that the seriousness of the breach (his own horse’s chances being extinguished and another runner’s chances affected) warranted an increase in the Penalty Guide starting point of a 10-drives suspension by 2 drives. Mr Butt was entitled to a discount from the increased starting point of 12 drives so arrived at for three mitigating factors – his good record, his frank admission of the breach and the possible contribution to the incident by UNICO ENCHANTRESS. We assessed the appropriate discount for those factors at 4 days. Based on Mr Butt’s likely having 1-2 drives per meeting, this equated to a 5-day suspension.
penalty:
Mr Butt’s Open Horseman’s Licence is suspended from after the close of racing on 29 December 2016 up to and including 15 January 2017 – 5 days. The meetings intended to be encompassed by the term of suspension are Timaru HRC on 6 January, Rangiora HRC on 8 January, Oamaru HRC on 11 January, and Nelson HRC on 13 and 15 January 2017.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N M Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr C A Butt - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1f1bde1786769e0f24318ce87062e209
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6522ec43677ce43eb04002fa6f59e2fe
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/12/2016
meet_title: NZ Metro TC - 23 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC