Rangiora HRC 24 July 2016 – R 8 (heard 29 July 2016 at Addington) – Chair, Mr D Jackson

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startdate: 24/07/2016

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hearing_title: Rangiora HRC 24 July 2016 - R 8 (heard 29 July 2016 at Addington) - Chair, Mr D Jackson

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RANGIORA HARNESS RACING CLUB 24 JULY 2016 - R 8
Respondent: Ms K Butt – Junior Horseman
Informant: Mr N Ydgren - Stipendiary Steward
Information No: A8301
Date: 24 July 2016 (heard 29 July 2016)

Rule: Rule 847(1)
Judicial Committee: D Jackson, Chairman - R McKenzie, Committee Member
Plea: Admitted
Charge:

Following the running of Race 8, Stipendiary Steward, Mr N Ydgren filed an Information against Junior Horseman, Ms K Butt alleging a breach of Rule 847(1) and the Safety Gear Regulations. It was alleged that Ms Butt checked out with a modified helmet.

Rule 847(1) reads as follows –

“No horseman shall check out … unless he wears safety gear which complies with the requirements of the Safety Gear Regulations made by the Board.”

The Safety Gear Regulations state: “A driver may not wear or have in their possession a … helmet that has been modified in any way.”

The Charge and Rule were read. Ms Butt confirmed she understood them both and admitted the charge accordingly.

Evidence:
Mr Ydgren’s evidence comprised three things: 1) video footage of the race during which Ms Butt was tipped out of her sulky and onto the track; 2) the helmet itself; and 3) Ms Butt’s admission as to her modification.

We will deal with the video evidence briefly but noting that the incident shown to the Committee is the raison d’etre for this Rule.

Ms Butt’s drive, MELANIE OHARA, was checked badly by a horse which had galloped whilst racing on its inside, causing MELANIE OHARA to leap to the outside thereby tipping and throwing Ms Butt from her sulky onto the track.

The video shows Ms Butt holding the reins of MELANIE OHARA and being thrown heavily to the ground, headfirst, landing on her right shoulder. Upon impact Ms Butt’s helmet is immediately dislodged and careers away towards the outside of the track. Ms Butt continues to hold the reins briefly until she let go of them some metres onwards from the crash.

Ms Butt appeared before the Committee roughly 5 days later and displayed no signs of this incident. In fact, she has driven at Addington tonight. The only thing to say is that Ms Butt has been incredibly lucky on this occasion.

The charge arises because the helmet in question had been modified by Ms Butt before the Rangiora meeting began. She explained that her dogs had chewed the strap away and that she had repaired it with duct tape. She freely conceded to the Committee that she did this prior to racing that day and further, that she knew, irrespective of this modification, that the chin strap buckle did not work properly.

The Committee examined the helmet. The strap has been taped as described. The buckle once clipped into its receiving piece does not hold at all. That is to say with the slightest pull Mr McKenzie was able to disconnect the chin strap.

The helmet was rendered hopeless by the broken buckle and the duct tape. The modification was illegal and inherently dangerous. Ms Butt may as well have driven with no helmet at all.

Reasons for Decision:
Properly, Ms Butt admitted the breach. It is proved.

Submission for Penalty:
In relation to penalty Mr Ydgren advised that Ms Butt was a promising junior driver with a good record who both admitted the breach immediately and who was shocked by the incident itself. Mr Ydgren sought a fine of $400, noting the starting point under the JCA Penalty Guidelines was $500.

Ms Butt submitted that she was in a position to pay whatever fine was imposed and accepted her punishment. She emphasised that the incident had shaken her and that she had immediately acquired a new helmet.

Reasons for Penalty:
Ms Butt was lucky. There was potential here for her to have suffered serious and long-lasting head injuries, possibly fatal. She chose to risk her health and safety, and the safety of those around her by wearing a helmet which ought to have been discarded, not used. She has undoubtedly learnt her lesson which was evidenced by her demeanour before the Committee and her reaction to the video footage of the incident itself. She is to be penalised on the breach however and not the potential consequences.

Penalty:
The starting point of $500 is appropriate. We discount $150 for three mitigating factors present in this case: 1) her immediate admission of the charge; 2) her good record as a junior horseman; and 3) her display of insight and candour before the Committee. She confronted her error without looking to blame others or recreate history. Accordingly, she will be fined $350.

We record that the helmet the subject of this charge will be destroyed by the RIU upon the passing of the deadline for an appeal against penalty.

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hearing_type: Old Hearing

Rules: 847(1)

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