NZ Metro TC – 1 February 2008 – Race 7
ID: JCA20489
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 1 February 2008
Race Date:
2008/02/01
Race Number:
Race 7
Decision: Following the running of Race 7, the PGG Wrightson NZ Breeders Stakes, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. M. Butt, the driver of FOREAL (8), alleging a breach of Rule 869(5) the “half carting” rule
Following the running of Race 7, the PGG Wrightson NZ Breeders Stakes, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. M. Butt, the driver of FOREAL (8), alleging a breach of Rule 869(5) the “half carting” rule. The charge reads as follows.
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“I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(5) in that horseman (A. M. Butt) failed to drive with his horse’s head behind the seat of the sulky of LUCKISALADYTONIGHT between the 1700m and 1300m on several occasions (half carting).”
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Rule 869(5) reads as follows.
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“A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.”
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Mr Butt had indicated on the information that he did not admit the breach of this Rule and he confirmed this at the hearing. Mr Butt also agreed that he understood the Rule and the charge.
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Stipendiary Steward Mr Williams used video coverage of the race to show where it was alleged that Mr Butt had failed to trail as required by the Rules. As set out in the charge it was alleged that Mr Butt had “half carted” on several occasions.
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Mr Butt gave evidence that he “couldn’t see a problem” with the way he
--drove his horse, and that he believed the charge was “nit picking”.
----
After hearing the evidence we adjourned to consider our decision. We were satisfied that between the 1700 and 1300 metre marks Mr Butt had apparently “half carted” on several occasions. On all but one of these occasions the breach had been brief and of no consequence. However on one occasion on the bend before the home straight (at about the 1600 metre mark) Mr Butt had “half carted” for a significant distance, estimated by us to be in excess of 50 metres, and had therefore breached this Rule. We were satisfied that the charge had been proved.
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On returning to the Enquiry Room we advised the parties that we had found the charge proved for the reasons set out above.
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Penalty:
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Mr McIntyre advised that Mr Butt had a clear record. As this was a Group 1 $100,000-00 race a fine of $400-00 was recommended. Mr Butt said that he had not been charged with any breach of the Rules for a considerable time and asked that his good record be taken into account. Mr Butt also said that he had checked with following drivers and had been told that his driving had not affected them. The Stipendiary Stewards did not dispute this. Mr Butt also made submissions that the fine recommended was excessive.
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We retired to consider penalty. We took into account that Mr Butt had a very good driving record and had not breached this Rule in the past. Although this was a Group 1 $100,000-00 race the breach was at the lower end of the scale of seriousness. We decided that on this occasion a fine of $300-00 was appropriate, and on returning to the Enquiry Room we advised the parties that Mr Butt would be fined the sum of $300-00.
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--
--
J M Phelan
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: 9083a868321af625016c82e277d30c79
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/02/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 1 February 2008 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 7, the PGG Wrightson NZ Breeders Stakes, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. M. Butt, the driver of FOREAL (8), alleging a breach of Rule 869(5) the “half carting” ruleFollowing the running of Race 7, the PGG Wrightson NZ Breeders Stakes, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr A. M. Butt, the driver of FOREAL (8), alleging a breach of Rule 869(5) the “half carting” rule. The charge reads as follows.
----
“I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(5) in that horseman (A. M. Butt) failed to drive with his horse’s head behind the seat of the sulky of LUCKISALADYTONIGHT between the 1700m and 1300m on several occasions (half carting).”
----
Rule 869(5) reads as follows.
----
“A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.”
----
Mr Butt had indicated on the information that he did not admit the breach of this Rule and he confirmed this at the hearing. Mr Butt also agreed that he understood the Rule and the charge.
----
Stipendiary Steward Mr Williams used video coverage of the race to show where it was alleged that Mr Butt had failed to trail as required by the Rules. As set out in the charge it was alleged that Mr Butt had “half carted” on several occasions.
----
Mr Butt gave evidence that he “couldn’t see a problem” with the way he
--drove his horse, and that he believed the charge was “nit picking”.
----
After hearing the evidence we adjourned to consider our decision. We were satisfied that between the 1700 and 1300 metre marks Mr Butt had apparently “half carted” on several occasions. On all but one of these occasions the breach had been brief and of no consequence. However on one occasion on the bend before the home straight (at about the 1600 metre mark) Mr Butt had “half carted” for a significant distance, estimated by us to be in excess of 50 metres, and had therefore breached this Rule. We were satisfied that the charge had been proved.
----
On returning to the Enquiry Room we advised the parties that we had found the charge proved for the reasons set out above.
----
Penalty:
----
Mr McIntyre advised that Mr Butt had a clear record. As this was a Group 1 $100,000-00 race a fine of $400-00 was recommended. Mr Butt said that he had not been charged with any breach of the Rules for a considerable time and asked that his good record be taken into account. Mr Butt also said that he had checked with following drivers and had been told that his driving had not affected them. The Stipendiary Stewards did not dispute this. Mr Butt also made submissions that the fine recommended was excessive.
----
We retired to consider penalty. We took into account that Mr Butt had a very good driving record and had not breached this Rule in the past. Although this was a Group 1 $100,000-00 race the breach was at the lower end of the scale of seriousness. We decided that on this occasion a fine of $300-00 was appropriate, and on returning to the Enquiry Room we advised the parties that Mr Butt would be fined the sum of $300-00.
----
--
--
J M Phelan
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.5
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d18a14a8c6c10d374da2136f02461006
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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meetid: 3e249dec080ca199ae78a7495f07c424
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/02/2008
meet_title: NZ Metro TC - 1 February 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
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name: NZ Metro TC