Manawatu HRC 18 November 2012 (heard on 23 November 2012 at Alexandra Park)

hearingid: 98e698d29da3d047d38a82c8d714cd5b

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hearing_racingtype: harness-racing

startdate: 18/11/2012

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decisiondate: no date provided

hearing_title: Manawatu HRC 18 November 2012 (heard on 23 November 2012 at Alexandra Park)

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr J M Muirhead - Stipendiary Steward

Defendant:  Mr D J Butcher - Licensed Open Horseman

Information No:  A5644

Meeting:  Manawatu Harness Racing Club

Venue:  Palmerston North

Date:  18 November 2012 (heard on 23 November 2012 at Alexandra Park)

Rule No:  507(1)

Judicial Committee:  B J Scott, Chairman - A J Dooley, Committee Member

Plea:  Not admitted.

Charge:  Breach of Rule 507(1) - Breach of Driving Engagements

Evidence:

This was the hearing of an Information adjourned from the Manawatu Harness Racing Club’s Meeting on 18 November 2012 and heard prior to the first race at the Franklin Trotting Club’s Meeting on 23 November 2012.

An Information had been lodged by Stipendiary Steward Mr JM Muirhead at the Manawatu Harness Racing Club’s Meeting against Licensed Open Horseman Mr DJ Butcher alleging that Mr Butcher had committed a breach of Rule 507(1) in that he broke driving engagements on JAMES CASTLETON in Race 1, REAL TIDY in Race 5, KILARNEY GUY in Race 8 and THE PEACE MONKEY in Race 10.

Rule 507(1) provides:

"No horseman shall break an engagement to drive a horse".

Mr Butcher was present and after initially wanting to talk to the charge he then did not admit the breach.

The Committee invited Messrs Muirhead and Butcher to leave the room to discuss the charge but it was decided to proceed with the Hearing.

Mr Muirhead gave evidence and said that the Manawatu Meeting was on a Sunday and accordingly Drivers had to be notified by 1.00pm on the Thursday prior to the Meeting. This was pursuant to Regulation 1 of the Notification of Drivers Regulations. Mr Butcher was notified as the Driver of 10 horses at the Meeting being six horses for Trainer G Small and the four horses the subject of this charge.

Mr Muirhead said that on the morning of Friday 16 November 2012 Mr Small scratched all of his horses and as a result Mr Butcher was left with four horses to drive. Mr Muirhead said that Mr Butcher then told the Trainers of the four horses subject to this charge that because he only had those drives he was not coming to the meeting.

Mr Muirhead said that he was told of this on the morning of Race Day by the Secretary of the Manawatu Harness Racing Club.

Mr Muirhead said that Mr Butcher should have notified him pursuant to Clause 5 of the Notification of Drivers Regulations and if there was to be a change then that could only be done with the permission of the Stipendiary Stewards as provided in Clause 6 of the Notification of Drivers Regulations.

In answer to a question from Mr Butcher he said that he had not received any complaints from the four Trainers concerned.

Mr Butcher in giving evidence confirmed that he had been engaged to drive 10 horses at the Meeting but that Mr Small had withdrawn his team and he was left with four drives. He said that it was not economical for him to go down to the Meeting for four drives and that he had contacted the Trainers concerned and had arranged alternative Drivers. The Drivers concerned were Mr Z Butcher in Race 1, Mr NM Pritchard in Race 6 and Mr JI Dickie in Races 8 and 10. He said that the Trainers agreed to those changes and the new driving engagements were notified to the Secretary of the Manawatu Harness Racing Club on the morning of Friday 16 November 2012.

He further said that the changes were subsequently notified to the HRNZ website and it would appear that the Club Secretary had notified the appropriate authorities but had overlooked notifying Mr Muirhead.

The Racebook on the day did not show the correct Drivers but Mr Butcher understood that the changes were notified to on-course patrons by the Commentator.

Mr Butcher acknowledged that with hindsight he should have notified Mr Muirhead.

Submissions for Decision:

1. Mr Muirhead said that this was a clear breach of Rule 507(1) in that it took place after the time for notification of Drivers. He also said that Mr Butcher had not notified the Stipendiary Stewards as provided by the Notification of Drivers Regulations.

2. Mr Butcher said that when Mr Small’s team was withdrawn that it was uneconomical for him to go to the Meeting and that he had made arrangements with the agreement of the Trainers concerned for alternative Drivers to drive their horses. He said that he thought that he had done everything possible and that the Club had been notified. He again acknowledged that he had not been in contact with Mr Muirhead.

Reasons for Decision:

3. The Committee has listened to the evidence and reviewed the Rule and the Regulations. The change of Drivers happened at the earliest opportunity (albeit after the time for notification of Drivers) and this had been done with the agreement of the Trainers concerned.

4. This was an unusual situation because for a Sunday Meeting the notification of Drivers is a day earlier than for a Meeting on any other Raceday.

5. Mr Muirhead acknowledged that there were no complaints from the Trainers concerned.

6. The Committee has taken into account the timing of the change of Drivers, the agreement of the Trainers concerned and the notification by the Club Secretary to HRNZ. It is the Committee’s view that rather than Mr Butcher having broken his driving engagements he in fact has been released from his driving engagements and as such is not in breach of Rule 507(1).

7. We then turned to the provisions of the Notification of Drivers Regulations. The short answer to that is that the Regulations place the onus on the person who enters the horse for a race. The onus is not on the Driver and accordingly Mr Butcher was not required to notify the Secretary of the Club.

Penalty:

We accordingly dismiss the charge.

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hearing_type: Old Hearing

Rules: 507(1)

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