Archive Decision

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NZ Metro TC 12 June 2020 – R 10 – Chair, Mr D Anderson

ID: JCA17873

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr D Butt - Open Driver

Other Person:
Mr N McIntyre - Chairman of Stewards

Information Number:
A13256

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2)

Plea:
admitted

Meet Title:
NZ Metro TC - 12 June 2020

Meet Chair:
DAnderson

Race Date:
2020/06/12

Race Number:
R 10

Decision:

As Mr Butt admitted the breach the charge was found proved.

Penalty:

Accordingly, Mr Butt is fined $500.

Facts:

Following the running of Race 10 an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Driver, Mr D Butt, alleging that as the driver of MARIA TSARINA in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

Mr Butt requested not to be present at the hearing as he had a pressing engagement he needed to attend.

Mr Butt had signed the Information admitting the breach.

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 Regulations (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 Ydgren used the race video to identify Mr Butt driving (6) MARIA TSARINA, racing in the lead at approximately the 300 metres. He pointed to Mr Butt using his whip on 18 occasions from the 250 metres to the finishing post.

Submissions for Penalty:

Mr Ydgren said the strikes were not forceful and therefore saw no reason to depart from the guidelines in this case.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a $500 fine, mitigation inclusive, for a breach of the rule involving 17 or more strikes.

There are no aggravating factors to consider 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: f857192695a5ffa449ad805e9e4eb723


informantnumber: A13256


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 15/06/2020


hearing_title: NZ Metro TC 12 June 2020 - R 10 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 10 an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Driver, Mr D Butt, alleging that as the driver of MARIA TSARINA in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

Mr Butt requested not to be present at the hearing as he had a pressing engagement he needed to attend.

Mr Butt had signed the Information admitting the breach.

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 Regulations (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 Ydgren used the race video to identify Mr Butt driving (6) MARIA TSARINA, racing in the lead at approximately the 300 metres. He pointed to Mr Butt using his whip on 18 occasions from the 250 metres to the finishing post.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Butt admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said the strikes were not forceful and therefore saw no reason to depart from the guidelines in this case.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a $500 fine, mitigation inclusive, for a breach of the rule involving 17 or more strikes.

There are no aggravating factors to consider in this case.


penalty:

Accordingly, Mr Butt is fined $500.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr D Butt - Open Driver


Otherperson: Mr N McIntyre - Chairman of Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: 1a3426f37d6730a978c1d01f9dbe6e73


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9d7bebaf6e9e818abc8bf6085950710f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/06/2020


meet_title: NZ Metro TC - 12 June 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: none


meet_pm2: none


name: NZ Metro TC