Archive Decision

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Waikouaiti HRC 23 February 2020 – R 3 – Chair, Prof G Hall

ID: JCA17764

Applicant:
Mr R Quirk - Stipendiary Steward

Respondent(s):
Ms K Butt - Licensed Horsewoman and Driver of ESTELLA REIGN

Other Person:
Mr S Renault - Stipendiary Steward, Mrs Young-Grant - Licensed Horsewoman and Driver of SHADOW AVEROSS

Information Number:
A10776

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
denied

Meet Title:
Waikouaiti HRC - 23 February 2020

Meet Chair:
GHall

Race Date:
2020/02/23

Race Number:
R 3

Decision:

The breach is found to be proved.

Penalty:

Ms Butt is suspended from end of today’s meeting up to and including 28 February. This is 2 days.

Facts:

Mr Quirk, Stipendiary Steward, alleged that Ms Butt (ESTELLA REIGN) drove carelessly approaching the 900 metres in race 3 by shifting inwards when insufficiently clear of SHADOW AVEROSS, which was checked.

Submissions for Decision:

Mr Renault, Stipendiary Steward, demonstrated the alleged breach on the videos. He pointed out that Ms Butt, who was racing 3-wide, crossed to the parked position and, in so doing, a leg of SHADOW AVEROSS, which was racing one out without the trail, was struck by a wheel of the respondent’s cart. SHADOW AVEROSS broke and galloped out of the race.

Mr Quirk called Mrs Young-Grant, the driver of SHADOW AVEROSS, to give evidence. She stated that her horse was strong when racing one out and was pulling. There was contact with ESTELLA REIGN. She said it did not take much for her horse to react. She did not yell as she believed there would be enough room for Ms Butt to cross her. ESTELLA REIGN came across too quickly and she lost considerable ground when her horse broke. Prior to the incident SHADOW AVEROSS had been pacing fine. She said her horse felt strong because ESTELLA REIGN was coming up on its outside.

Ms Butt stated she was racing 3-wide and went to sit parked. She said SHADOW AVEROSS had seen her horse coming and was keen. ESTELLA REIGN went to duck in, and she pulled him out. She thought when she crossed there was enough room. It was SHADOW AVEROSS being keen that was the problem. However, she accepted it was her obligation to keep clear of the horse she was crossing.

Mr Quirk summed up by stating that when the respondent came across, she had to leave enough room for this to be done safely. She had not. He accepted ESTELLA REIGN had ducked in a fraction and that Ms Butt had made some attempt to straighten.

Ms Butt reiterated it was the length of SHADOW AVEROSS’ stride that was the cause of the incident.

Reasons for Decision:

Ms Butt has crossed from a 3-wide to a 2-wide position and in so doing has come into contact with SHADOW AVEROSS. The videos confirm Mrs Young-Grant’s statement that SHADOW AVEROSS was strong when it saw ESTELLA REIGN coming. They also evidence some effort by the respondent to keep ESTELLA REIGN off SHADOW AVEROSS, but ESTELLA REIGN has not ducked inwards to any significant extent. Ms Butt’s obligation under the Rules is to be clear when crossing another runner. She was not. There was contact between the cart of ESTELLA REIGN and the off-foreleg of SHADOW AVEROSS. SHADOW AVEROSS galloped and lost all chance.

Submissions for Penalty:

Mr Quirk produced the respondent’s record which was clear this season under the rule. She had had 135 drives in this time. He submitted a 3-day suspension was the appropriate penalty.

Ms Butt drew the committee’s attention to the contributing factor of SHADOW AVEROSS racing keenly when that horse saw she wanted to cross, and also emphasised her good record.

Reasons for Penalty:

On examining Ms Butt’s record, it is evident that this is her first breach of this rule since April 2018. A period of close to 2 years. This is an excellent record. There were some contributing factors with respect to the breach, although this is to be balanced against the fact that SHADOW AVEROSS lost its chance in the race. There is no uplift to the 3-day starting point in the Penalty Guide. A 1-day discount is appropriate for record.

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: eb6d19ce3187aace83c1fb19501fd96d


informantnumber: A10776


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: denied


penaltyrequired: 1


decisiondate: 25/02/2020


hearing_title: Waikouaiti HRC 23 February 2020 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Quirk, Stipendiary Steward, alleged that Ms Butt (ESTELLA REIGN) drove carelessly approaching the 900 metres in race 3 by shifting inwards when insufficiently clear of SHADOW AVEROSS, which was checked.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault, Stipendiary Steward, demonstrated the alleged breach on the videos. He pointed out that Ms Butt, who was racing 3-wide, crossed to the parked position and, in so doing, a leg of SHADOW AVEROSS, which was racing one out without the trail, was struck by a wheel of the respondent’s cart. SHADOW AVEROSS broke and galloped out of the race.

Mr Quirk called Mrs Young-Grant, the driver of SHADOW AVEROSS, to give evidence. She stated that her horse was strong when racing one out and was pulling. There was contact with ESTELLA REIGN. She said it did not take much for her horse to react. She did not yell as she believed there would be enough room for Ms Butt to cross her. ESTELLA REIGN came across too quickly and she lost considerable ground when her horse broke. Prior to the incident SHADOW AVEROSS had been pacing fine. She said her horse felt strong because ESTELLA REIGN was coming up on its outside.

Ms Butt stated she was racing 3-wide and went to sit parked. She said SHADOW AVEROSS had seen her horse coming and was keen. ESTELLA REIGN went to duck in, and she pulled him out. She thought when she crossed there was enough room. It was SHADOW AVEROSS being keen that was the problem. However, she accepted it was her obligation to keep clear of the horse she was crossing.

Mr Quirk summed up by stating that when the respondent came across, she had to leave enough room for this to be done safely. She had not. He accepted ESTELLA REIGN had ducked in a fraction and that Ms Butt had made some attempt to straighten.

Ms Butt reiterated it was the length of SHADOW AVEROSS’ stride that was the cause of the incident.


reasonsfordecision:

Ms Butt has crossed from a 3-wide to a 2-wide position and in so doing has come into contact with SHADOW AVEROSS. The videos confirm Mrs Young-Grant’s statement that SHADOW AVEROSS was strong when it saw ESTELLA REIGN coming. They also evidence some effort by the respondent to keep ESTELLA REIGN off SHADOW AVEROSS, but ESTELLA REIGN has not ducked inwards to any significant extent. Ms Butt’s obligation under the Rules is to be clear when crossing another runner. She was not. There was contact between the cart of ESTELLA REIGN and the off-foreleg of SHADOW AVEROSS. SHADOW AVEROSS galloped and lost all chance.


Decision:

The breach is found to be proved.


sumissionsforpenalty:

Mr Quirk produced the respondent’s record which was clear this season under the rule. She had had 135 drives in this time. He submitted a 3-day suspension was the appropriate penalty.

Ms Butt drew the committee’s attention to the contributing factor of SHADOW AVEROSS racing keenly when that horse saw she wanted to cross, and also emphasised her good record.


reasonsforpenalty:

On examining Ms Butt’s record, it is evident that this is her first breach of this rule since April 2018. A period of close to 2 years. This is an excellent record. There were some contributing factors with respect to the breach, although this is to be balanced against the fact that SHADOW AVEROSS lost its chance in the race. There is no uplift to the 3-day starting point in the Penalty Guide. A 1-day discount is appropriate for record.


penalty:

Ms Butt is suspended from end of today’s meeting up to and including 28 February. This is 2 days.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr R Quirk - Stipendiary Steward


JockeysandTrainer: Ms K Butt - Licensed Horsewoman and Driver of ESTELLA REIGN


Otherperson: Mr S Renault - Stipendiary Steward, Mrs Young-Grant - Licensed Horsewoman and Driver of SHADOW AVEROSS


PersonPresent:


Respondent:


StipendSteward:


raceid: 9fde9ec1bb800d742f026fa71ec143d6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b1287248a39c32976b81da13c158a807


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/02/2020


meet_title: Waikouaiti HRC - 23 February 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Waikouaiti HRC