NZ Metro TC 14 June 2019 – R 9 – Chair, Mr D Anderson
ID: JCA16658
Meet Title:
NZ Metro TC - 14 June 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2019/06/14
Race Number:
R 9
Decision:
As Mr Butt admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Butt’s licence to drive is suspended from the close of racing on the 16 June 2019 up to and including racing on the 12 July 2019.
Meetings encompassing this suspension are:
June 21 Blenheim
June 23 Blenheim
June 28 NZMTC
June 30 Timaru
July 05 NZMTC
July 07 Rangiora
July 12 NZMTC
Facts:
Following the running of Race 9 the “PGG Wrightson Uncut Gems Trotters Classic (Stand Start H’Cap) (Listed)” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Open Driver Mr C Butt. The information alleged, C Butt (THEODOSIA) used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Mr Butt had signed the information stating he admitted the breach and confirmed to the Committee he had a clear understanding of the rule he had been charged with.
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 Regulation made by the Board.
The Use of Whip Regulation (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 Renault used the race video to identify Mr Butt driving (8) THEODOSIA, racing 2 wide and in second place entering the home straight after which he used his whip 13 times in the run to the finishing post.
Mr Butt had no concerns with Mr Renault’s assessment of the film. He accepted the alleged number of strikes (13), and the number of strikes was very clear from the video replay.
Submissions for Penalty:
Mr Renault said Mr Butt has a poor record in relation to the rule. He said he was fined $200 on 12 April this year and 12 days later was suspended for 3 days. He said both these breaches were low level, as is the present one, but it is obvious Mr Butt hasn’t learnt from the past. Mr Renault asked the Committee to consider the status of the race, a listed $40,000 event and Mr Butt's very poor record. He said on previous breaches in major races, of which this one is, a combination of a suspension and fine had become the norm but he said he would leave it to the Committee to decide if that would be appropriate in this case. He said the uncertainty of Mr Butt travelling to Blenheim was a concern if those two days were to be included in any suspension, as this would detract from what the Stewards see as a meaningful Penalty.
Mr Butt had no submissions to make on penalty and as deferment was discussed it became apparent his plans for driving at Blenheim were vague at best.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 3 to 5-day suspension for a second or subsequent breach of the rule. The Committee have adopted a 3-day starting point as we consider the whip use to be low to mid-range.
The Committee considered a suspension in this case is appropriate. The cases Mr Renault alluded to where a fine plus a suspension was implemented, involved the winner of such races. Mr Butt has finished 5th.
The main aggravating factor is Mr Butt's record which now shows three breaches in his last 8 drives. The Committee finds this completely unacceptable.
The other aggravating factor, the status of the race, compels the Committee to consider another uplift in Penalty but we acknowledge this race was at the lower end of the major race spectrum.
There are no mitigating factors here to consider.
The Committee after carefully considering all the above factors impose a 7-day suspension as an appropriate penalty in this case.
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: d16d9d83b52a8f9c2339c6e9f436a412
informantnumber: A12651
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 17/06/2019
hearing_title: NZ Metro TC 14 June 2019 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 9 the “PGG Wrightson Uncut Gems Trotters Classic (Stand Start H’Cap) (Listed)” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Open Driver Mr C Butt. The information alleged, C Butt (THEODOSIA) used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Mr Butt had signed the information stating he admitted the breach and confirmed to the Committee he had a clear understanding of the rule he had been charged with.
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 Regulation made by the Board.
The Use of Whip Regulation (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 Renault used the race video to identify Mr Butt driving (8) THEODOSIA, racing 2 wide and in second place entering the home straight after which he used his whip 13 times in the run to the finishing post.
Mr Butt had no concerns with Mr Renault’s assessment of the film. He accepted the alleged number of strikes (13), and the number of strikes was very clear from the video replay.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Butt admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Renault said Mr Butt has a poor record in relation to the rule. He said he was fined $200 on 12 April this year and 12 days later was suspended for 3 days. He said both these breaches were low level, as is the present one, but it is obvious Mr Butt hasn’t learnt from the past. Mr Renault asked the Committee to consider the status of the race, a listed $40,000 event and Mr Butt's very poor record. He said on previous breaches in major races, of which this one is, a combination of a suspension and fine had become the norm but he said he would leave it to the Committee to decide if that would be appropriate in this case. He said the uncertainty of Mr Butt travelling to Blenheim was a concern if those two days were to be included in any suspension, as this would detract from what the Stewards see as a meaningful Penalty.
Mr Butt had no submissions to make on penalty and as deferment was discussed it became apparent his plans for driving at Blenheim were vague at best.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 3 to 5-day suspension for a second or subsequent breach of the rule. The Committee have adopted a 3-day starting point as we consider the whip use to be low to mid-range.
The Committee considered a suspension in this case is appropriate. The cases Mr Renault alluded to where a fine plus a suspension was implemented, involved the winner of such races. Mr Butt has finished 5th.
The main aggravating factor is Mr Butt's record which now shows three breaches in his last 8 drives. The Committee finds this completely unacceptable.
The other aggravating factor, the status of the race, compels the Committee to consider another uplift in Penalty but we acknowledge this race was at the lower end of the major race spectrum.
There are no mitigating factors here to consider.
The Committee after carefully considering all the above factors impose a 7-day suspension as an appropriate penalty in this case.
penalty:
Accordingly, Mr Butt’s licence to drive is suspended from the close of racing on the 16 June 2019 up to and including racing on the 12 July 2019.
Meetings encompassing this suspension are:
June 21 Blenheim
June 23 Blenheim
June 28 NZMTC
June 30 Timaru
July 05 NZMTC
July 07 Rangiora
July 12 NZMTC
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr C Butt - Open Driver
Otherperson: Mr N McIntyre - Chairman of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: ff92237646c1a5dd08cfc7a9a5df8074
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 802e82521c42f2f3e6defef7ecb8bd83
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/06/2019
meet_title: NZ Metro TC - 14 June 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC