Cheviot HRC 3 March 2013 – R 12
ID: JCA17417
Meet Title:
Cheviot HRC - 3 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2013/03/03
Race Number:
R12
Decision:
As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mr Butt was fined the sum of $200.
Charge:
Breach of Rule 869(4)
Facts:
Following the running of Race12, the Bush Inn Tavern Mobile Pace, an Information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr R Butt, alleging a breach of Rule 869(4) in that he drove in a manner which caused interference to his horse.
The charge reads as follows.
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(4) in that you drove in a manner which caused interference by contesting a position when not in a position to do so which in turn caused your horse to break stride.”
Rule 869(4)) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr Butt had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Butt also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that near the 1550m, Mr Butt when driving FLYALONG FALCON was travelling mid field and in the 2 wide position with racing room on his inner. Mr C Thornley, driving BORO, was racing on the outside of Mr Butt and with a clear advantage, attempted to ease Mr Butt down to the running line as he was entitled to do. Mr Butt resisted this movement which went on for quite some time and as a result Mr Butt’s horse became placed in an awkward position between BORO and BETTY GOLIGHLTY driven by Mr M Jones, who was racing on the running line. Mr Butt’s horse then broke for several strides.
Mr Butt stated that he had thought he was entitled to hold Mr Thornley out but later realised that he was mistaken in his interpretation of the rules.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Butt had just recently returned from driving overseas and was at his second meeting back. Mr Butt’s record was clear in regard to this Rule and that credit should be given for his admission of the breach. Mr Ydgren stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 8 drives or a fine of $400. Mr Ydgren submitted that this was a breach at the lower level and the consequential effect was minimal with Mr Butt’s horse only breaking for a few strides and losing his position. Mr Ydgren stated that a fine of $400 would be excessive. He submitted a fine of $200 should be considered.
Mr Butt stated that he would prefer a fine rather than a suspension.
Reasons for Penalty:
We were satisfied, after taking into consideration Mr Butts good penalty record, the lower level of the breach and taking into consideration penalties imposed for similar breaches of this Rule, that a fine of $200 was 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: e11fd5c3c6d68014692edd02263dfc21
informantnumber: A4973
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/02/2013
hearing_title: Cheviot HRC 3 March 2013 - R 12
charge:
Breach of Rule 869(4)
facts:
Following the running of Race12, the Bush Inn Tavern Mobile Pace, an Information was filed by Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr R Butt, alleging a breach of Rule 869(4) in that he drove in a manner which caused interference to his horse.
The charge reads as follows.
“I the above named Informant allege that the above named Respondent committed a breach of Rule 869(4) in that you drove in a manner which caused interference by contesting a position when not in a position to do so which in turn caused your horse to break stride.”
Rule 869(4)) reads as follows.
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr Butt had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Butt also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that near the 1550m, Mr Butt when driving FLYALONG FALCON was travelling mid field and in the 2 wide position with racing room on his inner. Mr C Thornley, driving BORO, was racing on the outside of Mr Butt and with a clear advantage, attempted to ease Mr Butt down to the running line as he was entitled to do. Mr Butt resisted this movement which went on for quite some time and as a result Mr Butt’s horse became placed in an awkward position between BORO and BETTY GOLIGHLTY driven by Mr M Jones, who was racing on the running line. Mr Butt’s horse then broke for several strides.
Mr Butt stated that he had thought he was entitled to hold Mr Thornley out but later realised that he was mistaken in his interpretation of the rules.
reasonsfordecision:
Decision:
As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Butt had just recently returned from driving overseas and was at his second meeting back. Mr Butt’s record was clear in regard to this Rule and that credit should be given for his admission of the breach. Mr Ydgren stated that the JCA penalty guide showed that a starting point for a breach of this Rule was 8 drives or a fine of $400. Mr Ydgren submitted that this was a breach at the lower level and the consequential effect was minimal with Mr Butt’s horse only breaking for a few strides and losing his position. Mr Ydgren stated that a fine of $400 would be excessive. He submitted a fine of $200 should be considered.
Mr Butt stated that he would prefer a fine rather than a suspension.
reasonsforpenalty:
We were satisfied, after taking into consideration Mr Butts good penalty record, the lower level of the breach and taking into consideration penalties imposed for similar breaches of this Rule, that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly Mr Butt was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)
Informant: N Ydgren - Stipendiary Steward
JockeysandTrainer: R Butt-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3da98403bd4a1f34dba91f133fdf265f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b7c5a88d779eae7b348bf7dcde82378e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/03/2013
meet_title: Cheviot HRC - 3 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: Cheviot HRC