NZ Metro TC – 10 August 2006 –

hearingid: 3a151862721ace8f4d21b9b2c2e14bcb

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hearing_racingtype: harness-racing

startdate: 10/08/2006

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hearing_title: NZ Metro TC - 10 August 2006 -

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Decision:

Following the running of Race 1, the Frost Compaction Services Ltd Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr D. J. Butt, the driver of "Huge Success", alleging a breach of Rule 857(7)(g).

Following the running of Race 1, the Frost Compaction Services Ltd Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr D. J. Butt, the driver of "Huge Success", alleging a breach of Rule 857(7)(g). The charge reads as follows.

"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that horseman D. J. Butt (Huge Success) failed to come up into and / or maintain his position on the mobile gate."

The rule reads as follows.

Mr Butt indicated on the information that he did not admit the breach

of the rule, and he confirmed this at the hearing.

Video coverage of the start of this mobile 2600 metre race was shown. Mr Butt started from the outside of the front line. Prior to the start Mr Butt had his horse up to the mobile starting gate, but as he got closer to the starting point he had drifted back, and he was about two lengths away from the starting gate when the start was indicated.

Mr Escott also said that the starter had previously issued specific instructions to drivers to ensure that their horses were up to the starting gate. Mr Escott also made it known that this Rule will be more strictly enforced from now on.

Mr Butt did not dispute the facts. He said that his horse was having only its second race day start and that it was the hot favourite. He also said that he did not think his horse was pacing that well, and he did not want to "push her and take the risk of her breaking". Mr Butt did not dispute that he made no real effort to maintain his position on the mobile starting gate for these reasons.

In response to this evidence Mr Escott said that his own observations and the video coverage did not support Mr Butt's evidence that his horse was not pacing well.

After hearing the evidence I adjourned to consider my decision. Mr Butt advised that he would not be returning to the Enquiry Room to hear the decision.

It was clear from the evidence and from the video coverage that Mr Butt's horse Huge Success was two lengths behind the mobile starting gate when the start was indicated. At one stage he was up to the gate but he allowed his horse to drift. Mr Butt's evidence that his horse was not pacing well was not supported by the video coverage and the evidence of the Stipendiary Stewards. I was satisfied that there was no evidence to support Mr Butt's excuse, and I reject his claim that his horse was pacing roughly. I was also satisfied that no effort was made by Mr Butt to comply with this rule.

On returning to the Enquiry Room it was confirmed that Mr Butt would not be attending, and I advised the Stipendiary Stewards that this charge had been proved.

JM Phelan

CHAIRMAN

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hearing_type: Old Hearing

Rules: 857.7.g

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