Thames HRC – 27 June 2008 – Race 7
ID: JCA19699
Hearing Type (Code):
harness-racing
Meet Title:
Thames HRC - 27 June 2008
Race Date:
2008/06/27
Race Number:
Race 7
Decision: An information filed by Stipendiary Steward Mr J Muirhead against Mr P Butcher, driver of OUR FRED, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly racing into the first bend tightening WAIHEMO JOHN, driven by Mr B Mangos, down on to RETAIL THERAPY
An information filed by Stipendiary Steward Mr J Muirhead against Mr P Butcher, driver of OUR FRED, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly racing into the first bend tightening WAIHEMO JOHN, driven by Mr B Mangos, down on to RETAIL THERAPY, driven by Mr T Macfarlane, which was forced over the track markers and broke. Mr Butcher admitted the charge and was present at the hearing.
--Mr Muirhead demonstrated the incident by use of the video film. OUR FRED began quickly from the standing start and moved inwards when insufficiently clear of WAIHEMO JOHN causing the tightening and resultant check to RETAIL THERAPY.
--Mr Butcher said that Mr Mangos had hunted up inside him. There was no contact and there was no malice in what he did and that he was a little bit unlucky.
--PENALTY
--Mr Muirhead said he accepted there was no malice but it was bad judgement, Mr Butcher had moved in too soon and made a mistake. He recommended a two week suspension as set out in the penalty guidelines. He, when asked by the Chairman, said that Mr Butcher had been fined $600.00 on the 31st of May 2008 for Careless Driving and he had not taken that into account when making his recommendation. Mr Butcher said that the guidelines were the guideline and he had nothing more to say.
--In fixing penalty I take into account the following matters :
--1. The guilty plea.
--2. The submissions of Mr Muirhead.
--3. The comments of Mr Butcher.
--4. The recommended starting point is a two week suspension or a $400.00 fine.
--5. The offending is just under the midpoint on the scale of seriousness – it was a bad judgement.
--6. The breach for careless driving as recently as the 31st May 2008.
--In balancing all of those matters I suspend Mr Butcher’s horseman’s licence until the conclusion of racing on 18th July 2008 which is effectively four days racing.
----
B Rowe
ChairmanJCA 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: 5cb776ae9cad4aaec12aa10f3a16503a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/06/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Thames HRC - 27 June 2008 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr J Muirhead against Mr P Butcher, driver of OUR FRED, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly racing into the first bend tightening WAIHEMO JOHN, driven by Mr B Mangos, down on to RETAIL THERAPYAn information filed by Stipendiary Steward Mr J Muirhead against Mr P Butcher, driver of OUR FRED, alleging a breach of Rule 869 (3) (b) in that he drove his horse carelessly racing into the first bend tightening WAIHEMO JOHN, driven by Mr B Mangos, down on to RETAIL THERAPY, driven by Mr T Macfarlane, which was forced over the track markers and broke. Mr Butcher admitted the charge and was present at the hearing.
--Mr Muirhead demonstrated the incident by use of the video film. OUR FRED began quickly from the standing start and moved inwards when insufficiently clear of WAIHEMO JOHN causing the tightening and resultant check to RETAIL THERAPY.
--Mr Butcher said that Mr Mangos had hunted up inside him. There was no contact and there was no malice in what he did and that he was a little bit unlucky.
--PENALTY
--Mr Muirhead said he accepted there was no malice but it was bad judgement, Mr Butcher had moved in too soon and made a mistake. He recommended a two week suspension as set out in the penalty guidelines. He, when asked by the Chairman, said that Mr Butcher had been fined $600.00 on the 31st of May 2008 for Careless Driving and he had not taken that into account when making his recommendation. Mr Butcher said that the guidelines were the guideline and he had nothing more to say.
--In fixing penalty I take into account the following matters :
--1. The guilty plea.
--2. The submissions of Mr Muirhead.
--3. The comments of Mr Butcher.
--4. The recommended starting point is a two week suspension or a $400.00 fine.
--5. The offending is just under the midpoint on the scale of seriousness – it was a bad judgement.
--6. The breach for careless driving as recently as the 31st May 2008.
--In balancing all of those matters I suspend Mr Butcher’s horseman’s licence until the conclusion of racing on 18th July 2008 which is effectively four days racing.
----
B Rowe
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 192d6e597a209a803c277016935e4a0e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
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meet_emailed2: 0
meetdate: 27/06/2008
meet_title: Thames HRC - 27 June 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair:
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name: Thames HRC