Auckland TC 26 June 2015 – R 3
ID: JCA18176
Meet Title:
Auckland TC - 26 June 2015
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2015/06/26
Race Number:
R3
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account the Committee imposes a $325 fine on Mr Butcher.
Facts:
This charge arises from the running of race number 3 the Direct Security Mobile Pace 2200m. The information alleged that Mr Z Butcher “permitted his gelding to shift inwards entering the first turn when not sufficiently clear which resulted in interference to BERT THE BOOKIE which broke and shifted out checking EYE BROW which also broke”.
Mr Butcher endorsed the information “I do admit the breach of the rule”.
Rule 869(3)(b) provides - No horseman in any race shall drive carelessly.
Mr Mulcay demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that as the field passed the winning post and turned into the first bend near the 1900 metre mark, Mr Butcher driving SKY ART crossed over to the lead. In doing so he checked BERT THE BOOKIE (B MANGOS) who was in front on the marker line. BERT THE BOOKIE broke and veered out checking EYE BROW (T MICHELL) who also broke.
Mr Mulcay said that Mr Butcher tried to take corrective action, but it was too late as he had already made contact with BERT THE BOOKIE. He said the two horses affected by this incident only galloped briefly and then took an active part in the race. Mr Mulcay advised that during the Stewards' investigation into this matter, Mr Mangos was adamant his drive, BERT THE BOOKIE did not contribute to the incident.
Mr Butcher told the Committee that he believed BERT THE BOOKIE did shift out slightly rounding the first bend out of the straight. He acknowledged that although he did make contact he thought BERT THE BOOKIE broke prior to that contact.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guidelines advising that the starting point for a breach of this rule is set at 10 drives suspension or $500 and he assessed the breach as no more than mid-range. He said Mr Butcher had a good driving record considering he is one of the busier drivers in New Zealand. He noted that Mr Butcher had one previous breach of this rule, in 12 December 2014, and was fined $250.
Mr Mulcay submitted an aggravating factor was that the two horses were checked and their chances were affected. He added they both quickly regained their positions in the field and participated in the race.
Mr Butcher submitted that he was ‘hard done by’ in being charged and the breach was at the lower end of the scale. He said the two horses affected by the incident settled quickly and did not lose too much ground as a result of being checked. He offered no further submission as to penalty.
Reasons for Penalty:
In assessing penalty the Committee has considered the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500. Since the revised JCA penalty guidelines came into force on 1 May 2015 there have been a limited number of penalties issued under this rule. The Committee noted that there has been about 6 breaches which have attracted penalties – ranging from $200 - $350 fines, as well as 2 and 3 day suspensions.
The Committee has taken into account Mr Butcher’s good driving record, the fact that he has had over 385 drives this season and has once previously breached this particular rule. The Committee gives credit to Mr Butcher for his admission and we take note of factors raised in his explanation. The Committee does not entirely agree with Mr Butcher’s assertion that BERT THE BOOKIE contributed to the incident. We are of the view that Mr Butcher had an obligation to ensure he was sufficiently clear.
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: f766fc7d259e5f6ae5b5eac68dca92a6
informantnumber: A7422
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 27/06/2015
hearing_title: Auckland TC 26 June 2015 - R 3
charge:
facts:
This charge arises from the running of race number 3 the Direct Security Mobile Pace 2200m. The information alleged that Mr Z Butcher “permitted his gelding to shift inwards entering the first turn when not sufficiently clear which resulted in interference to BERT THE BOOKIE which broke and shifted out checking EYE BROW which also broke”.
Mr Butcher endorsed the information “I do admit the breach of the rule”.
Rule 869(3)(b) provides - No horseman in any race shall drive carelessly.
Mr Mulcay demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that as the field passed the winning post and turned into the first bend near the 1900 metre mark, Mr Butcher driving SKY ART crossed over to the lead. In doing so he checked BERT THE BOOKIE (B MANGOS) who was in front on the marker line. BERT THE BOOKIE broke and veered out checking EYE BROW (T MICHELL) who also broke.
Mr Mulcay said that Mr Butcher tried to take corrective action, but it was too late as he had already made contact with BERT THE BOOKIE. He said the two horses affected by this incident only galloped briefly and then took an active part in the race. Mr Mulcay advised that during the Stewards' investigation into this matter, Mr Mangos was adamant his drive, BERT THE BOOKIE did not contribute to the incident.
Mr Butcher told the Committee that he believed BERT THE BOOKIE did shift out slightly rounding the first bend out of the straight. He acknowledged that although he did make contact he thought BERT THE BOOKIE broke prior to that contact.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guidelines advising that the starting point for a breach of this rule is set at 10 drives suspension or $500 and he assessed the breach as no more than mid-range. He said Mr Butcher had a good driving record considering he is one of the busier drivers in New Zealand. He noted that Mr Butcher had one previous breach of this rule, in 12 December 2014, and was fined $250.
Mr Mulcay submitted an aggravating factor was that the two horses were checked and their chances were affected. He added they both quickly regained their positions in the field and participated in the race.
Mr Butcher submitted that he was ‘hard done by’ in being charged and the breach was at the lower end of the scale. He said the two horses affected by the incident settled quickly and did not lose too much ground as a result of being checked. He offered no further submission as to penalty.
reasonsforpenalty:
In assessing penalty the Committee has considered the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500. Since the revised JCA penalty guidelines came into force on 1 May 2015 there have been a limited number of penalties issued under this rule. The Committee noted that there has been about 6 breaches which have attracted penalties – ranging from $200 - $350 fines, as well as 2 and 3 day suspensions.
The Committee has taken into account Mr Butcher’s good driving record, the fact that he has had over 385 drives this season and has once previously breached this particular rule. The Committee gives credit to Mr Butcher for his admission and we take note of factors raised in his explanation. The Committee does not entirely agree with Mr Butcher’s assertion that BERT THE BOOKIE contributed to the incident. We are of the view that Mr Butcher had an obligation to ensure he was sufficiently clear.
penalty:
Having taken all matters into account the Committee imposes a $325 fine on Mr Butcher.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay –Stipendiary Steward
JockeysandTrainer: Mr Z Butcher- Senior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d1317553a5c7cbf66d95dcf6ba41553f
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: 1115ab7f916620733a3f1a5fd0e9d8ae
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/06/2015
meet_title: Auckland TC - 26 June 2015
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "28", "Total": "17.36", "kmprice": 17.359999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC