NZ Metro TC 10 July 2015 – R 3
ID: JCA18109
Meet Title:
NZ Metro TC - 10 July 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2015/07/10
Race Number:
R3
Decision:
Mr Butt having admitted the breach, the charge was found proved.
Penalty:
Mr Butt was fined the sum of $300.
Facts:
Following the running of Race 3, Breckon Farms Mobile Pace, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Horseman, Mr R J Butt, alleging that Mr Butt, as the driver of DREAMY DAMIEN in the race, “started from the incorrect barrier position”.
Mr Butt was present at the hearing of the information and he indicated that he admitted the charge.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
At the outset of the hearing, it was agreed by both parties and the Committee that it was not necessary for the video replay of the start of the race to be shown, as this had been shown extensively at the earlier protest hearing.
Mr Allison said that DREAMY DAMIEN, driven by Mr Butt, had drawn barrier position Unruly 1 in the 1950 metres mobile start event. However, instead of starting from that position (from the second line no closer in than barrier five), the horse started from barrier position 7 on the front row of the seven-horse field.
Mr Allison said that it had been established at the earlier protest hearing that the horse had gained no advantage, but it was still a requirement that a horse must start from its correct barrier position.
Mr Butt’s explanation was that he was unaware that the horse was drawn on the unruly mark.
Submissions for Penalty:
Mr Allison pointed out that Mr Butt had admitted the breach at the earliest opportunity. He also pointed out that no disqualification had resulted.
Mr Allison referred to the Penalty Guide which provided a starting point for penalty for a breach of the Rule of 8 drives or a $400 fine. He added that Mr Butt had been fined $200 for a breach of the same Rule at Ashburton in February 2015.
Mr Butt asked the Committee to consider a fine rather than a suspension. He said that he accepted that he had the previous breach in February of this year on his record and that, as a consequence, the fine on this occasion needed to be greater.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 8 drives or a fine of $400. Taking that starting point of a $400 fine (a fine being the appropriate penalty), the Committee was able to give Mr Butt a discount for his admission of the breach and the low-end nature of it, since no consequences flowed from it. Of course, it was an aggravating factor that Mr Butt had breached the same Rule only 5 months earlier for which breach he received a fine of $200. Weighing up the mitigating and aggravating factors referred to, the Committee decided that an appropriate penalty was a fine in the sum of $300.
JCA Decision Fields (raw)
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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: ef601551c34bbb02ff70d60c6576b8b1
informantnumber: A1421
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Starting from incorrect barrier position
plea: admitted
penaltyrequired: 1
decisiondate: 14/07/2015
hearing_title: NZ Metro TC 10 July 2015 - R 3
charge:
facts:
Following the running of Race 3, Breckon Farms Mobile Pace, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Horseman, Mr R J Butt, alleging that Mr Butt, as the driver of DREAMY DAMIEN in the race, “started from the incorrect barrier position”.
Mr Butt was present at the hearing of the information and he indicated that he admitted the charge.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
At the outset of the hearing, it was agreed by both parties and the Committee that it was not necessary for the video replay of the start of the race to be shown, as this had been shown extensively at the earlier protest hearing.
Mr Allison said that DREAMY DAMIEN, driven by Mr Butt, had drawn barrier position Unruly 1 in the 1950 metres mobile start event. However, instead of starting from that position (from the second line no closer in than barrier five), the horse started from barrier position 7 on the front row of the seven-horse field.
Mr Allison said that it had been established at the earlier protest hearing that the horse had gained no advantage, but it was still a requirement that a horse must start from its correct barrier position.
Mr Butt’s explanation was that he was unaware that the horse was drawn on the unruly mark.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Allison pointed out that Mr Butt had admitted the breach at the earliest opportunity. He also pointed out that no disqualification had resulted.
Mr Allison referred to the Penalty Guide which provided a starting point for penalty for a breach of the Rule of 8 drives or a $400 fine. He added that Mr Butt had been fined $200 for a breach of the same Rule at Ashburton in February 2015.
Mr Butt asked the Committee to consider a fine rather than a suspension. He said that he accepted that he had the previous breach in February of this year on his record and that, as a consequence, the fine on this occasion needed to be greater.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide which provides a starting point for a breach of the Rule of 8 drives or a fine of $400. Taking that starting point of a $400 fine (a fine being the appropriate penalty), the Committee was able to give Mr Butt a discount for his admission of the breach and the low-end nature of it, since no consequences flowed from it. Of course, it was an aggravating factor that Mr Butt had breached the same Rule only 5 months earlier for which breach he received a fine of $200. Weighing up the mitigating and aggravating factors referred to, the Committee decided that an appropriate penalty was a fine in the sum of $300.
penalty:
Mr Butt was fined the sum of $300.
hearing_type: Hearing
Rules: 862(2)
Informant: C J Allison - Stipendiary Steward
JockeysandTrainer: R J Butt, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f16b91e3aa7492f5ac8bd9f15ad1aed6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dc488498c7f7aaaace4bea3054bbffe1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/07/2015
meet_title: NZ Metro TC - 10 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC