Auckland TC 6 December 2013 – R2
ID: JCA17362
Meet Title:
Auckland TC - 6 December 2013
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2013/12/06
Race Number:
R2
Decision:
The breach is admitted and accordingly the charge is proved.
Penalty:
The Committee imposes a fine of $225.00 on Mr Butcher.
Facts:
Following the running of Race 2 the GOTTA GO CULLEN MOBILE PACE an Information was lodged by Co-Chief Stipendiary Steward Mr NC McINTYRE against driver Mr DJ Butcher (the Driver of HOT MACH) alleging that Mr Butcher shifted ground inwards when not clear of MEDLEY MOOSE which contacted markers and had to ease.
Mr Butcher was present and he advised the Committee that he admitted the breach.
Rule 869(7A)(c) provides : Every Horseman who moves inwards shall ensure that the movement does not cause any other Horseman ,horse or sulky to contact any track marker or protrude inside the marker line.
The rule was read to Mr Butcher and he acknowledged that he understood it.
Mr McIntyre demonstrated the incident by use of the Race films and showed MEDLEY MOOSE leading down the back straight and then being overtaken by HOT MACH. Mr Butcher driving HOT MACH moved inwards and in doing so caused Mr Downey driving MEDLEY MOOSE to have to ease and his horse was pushed inwards and made contact with the track markers. There was also resultant interference to two horses trailing MEDLEY MOOSE.
Mr Butcher accepted the facts but did say that Mr Downey was not forced to ease but elected to do so.
Submissions for Penalty:
Mr McIntyre referred to the JCA Guidelines which provide for a starting point penalty of either a suspension of Licence for 6 drives or a fine of $300.00. He submitted that the incident was at the low end of the scale of seriousness. He further submitted that a fine in the range of $250.00 to $300.00 was appropriate.
He told the Committee that Mr Butcher was a very busy driver and that he had a very good record and should be given credit for that.
Mr Butcher said that the incident was at the bottom end of the range and he referred to his record and submitted that a fine of $200.00 was appropriate.
Reasons for Penalty:
The incident is clearly shown on the Race films and Mr Butcher did come in on Mr Downey's horse and did cause it to have to be eased and it made contact with the track markers. The trailing 2 horses were inconvenienced.
The incident was in the earlier stages of the Race and in our view could only be classed as minor interference and is at the lower end of the scale of seriousness. We have taken this into account and have also given Mr Butcher credit for his admission of the breach and his very good record.
We believe that a fine in the order of $225.00 is appropriate.
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: fe8a047e966685f0109af5da914b1ac1
informantnumber: A1573
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(7A)(c) shifting ground inwards
plea: admitted
penaltyrequired: 1
decisiondate: 30/11/2013
hearing_title: Auckland TC 6 December 2013 - R2
charge:
facts:
Following the running of Race 2 the GOTTA GO CULLEN MOBILE PACE an Information was lodged by Co-Chief Stipendiary Steward Mr NC McINTYRE against driver Mr DJ Butcher (the Driver of HOT MACH) alleging that Mr Butcher shifted ground inwards when not clear of MEDLEY MOOSE which contacted markers and had to ease.
Mr Butcher was present and he advised the Committee that he admitted the breach.
Rule 869(7A)(c) provides : Every Horseman who moves inwards shall ensure that the movement does not cause any other Horseman ,horse or sulky to contact any track marker or protrude inside the marker line.
The rule was read to Mr Butcher and he acknowledged that he understood it.
Mr McIntyre demonstrated the incident by use of the Race films and showed MEDLEY MOOSE leading down the back straight and then being overtaken by HOT MACH. Mr Butcher driving HOT MACH moved inwards and in doing so caused Mr Downey driving MEDLEY MOOSE to have to ease and his horse was pushed inwards and made contact with the track markers. There was also resultant interference to two horses trailing MEDLEY MOOSE.
Mr Butcher accepted the facts but did say that Mr Downey was not forced to ease but elected to do so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is proved.
sumissionsforpenalty:
Mr McIntyre referred to the JCA Guidelines which provide for a starting point penalty of either a suspension of Licence for 6 drives or a fine of $300.00. He submitted that the incident was at the low end of the scale of seriousness. He further submitted that a fine in the range of $250.00 to $300.00 was appropriate.
He told the Committee that Mr Butcher was a very busy driver and that he had a very good record and should be given credit for that.
Mr Butcher said that the incident was at the bottom end of the range and he referred to his record and submitted that a fine of $200.00 was appropriate.
reasonsforpenalty:
The incident is clearly shown on the Race films and Mr Butcher did come in on Mr Downey's horse and did cause it to have to be eased and it made contact with the track markers. The trailing 2 horses were inconvenienced.
The incident was in the earlier stages of the Race and in our view could only be classed as minor interference and is at the lower end of the scale of seriousness. We have taken this into account and have also given Mr Butcher credit for his admission of the breach and his very good record.
We believe that a fine in the order of $225.00 is appropriate.
penalty:
The Committee imposes a fine of $225.00 on Mr Butcher.
hearing_type: Hearing
Rules: Rule 869(7A)(C)
Informant: Mr N McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr D J Butcher - Driver of HOT MACH
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2e0625af919e3508362ed9359cbea490
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 030ed9954fb722b3db9a326abb782435
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/12/2013
meet_title: Auckland TC - 6 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC