NZ Metro TC 17 November 2017 – R 9 (heard on 26 November 2017 at Motukarara) – Chair, Mr R G McKenzie

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startdate: 17/11/2017

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hearing_title: NZ Metro TC 17 November 2017 - R 9 (heard on 26 November 2017 at Motukarara) - Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: NM Ydgren, Chief Stipendiary Steward

Respondent: RJ Butt, Licensed Open Driver

Information No: A5550

Meeting: New Zealand Metropolitan Trotting Club

Date: 17 November 2017 (heard 26 November 2017 at Motukarara)

Venue: Addington Raceway, Christchurch

Race: 9

Rule No: 869 (2) (a)

Judicial Committee: RG McKenzie, Chairman – DJ Anderson, Committee Member

Date of Decision: 26 November 2017

Plea: Admitted

Charge:  Excessive use of the whip

FACTS:

Following the running of Race 9, (incorrectly shown on the information as Race 10), Haras des Trotteurs Dominion Trot (Group 1), an information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr RJ Butt, alleging that, as the driver of THE FOOT TAPPER in the race, Mr Butt “used his whip in an excessive manner over the final 400 metres”.

The information was filed with the Judicial Committee on the raceday and adjourned sine die. It was served on Mr Butt on 24 November 2017 and heard at the meeting of Banks Peninsula Trotting Club at Motukarara on Sunday, 26 November 2017.

Mr Butt had indicated on the information form that he admitted the charge. He was contacted by telephone and was on the telephone throughout the duration of the hearing. He confirmed that the charge was admitted.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Those Guidelines further provide that “use of the whip” is “free of the rein”.

SUBMISSION(S):

Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out THE FOOT TAPPER, driven by Mr Butt, trailing the leader BORDEAUX as the field entered the final straight. Mr Ydgren said that, shortly thereafter, Mr Butt shifted into the passing lane and commenced using his whip and he alleged that, from that point, Mr Butt used his whip on 12 occasions, all free of the rein, to the finishing line. The Committee noted that THE FOOT TAPPER finished in 2nd placing in the race.

Mr Butt accepted the number of strikes as alleged by Mr Ydgren.

DECISION:

Mr Butt having admitted the charge, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren began by pointing out to the Committee that the race was the Dominion Handicap Trot, a Group 1 race for a stake of $300,000 and therefore a “major race” as defined by the Penalty Guide.

Mr Butt’s record under the Rule is not a good one, Mr Ydgren submitted. He had received a 4-days’ suspension at Banks Peninsula on 4 October last, on 7 May last he was suspended for 3 days at Rangiora and, finally, was fined $300 on 28 December 2016. So, Mr Butt has had three breaches of the Rule in the past 12 months, Mr Ydgren said.

Mr Ydgren said that the Penalty Guide starting point was a 3-5 days’ suspension. Having regard to the fact that it was a major race and that Mr Butt’s most recent suspension was one of 4 days, the penalty in this instance should be a suspension of not less that 5 days, he submitted. Mr Butt is currently suspended for careless driving, with that suspension ending today, Mr Ydgren said.

Mr Butt said that he accepted that he had clearly breached the Rule. He explained that it was a big race. He had been headed in the straight and had finished 2nd. The emotion of the occasion had got the better of him in the straight, he said.

Mr Butt told the Committee that he did not wish to seek a deferment of any suspension. The Committee then looked at upcoming meetings, together with Mr Ydgren and Mr Butt, to determine the meetings at which Mr Butt would be likely to drive. Mr Butt told the Committee that he may be required to drive for Trainer, Mr P C Nairn, at the Auckland TC meeting on 8 December. Mr Ydgren accepted that, if Mr Nairn was going to that meeting, Mr Butt would also be likely to go.

PENALTY REASONS:

In deciding penalty, the Committee took the starting point of a 5 days’ suspension (the top of the Penalty Guide range), arrived at on the basis of the breach being Mr Butt’s third in less than 12 months. An aggravating factor was the status of the race and the stake payable (see above) and, for that factor, an uplift in the starting point to 6 days was appropriate. The seriousness of the breach, the Committee saw as being a neutral factor.

The sole mitigating factor was Mr Butt’s admission of the breach for which we give him a discount of 1 day.

PENALTY DECISION:

Mr Butt’s Open Driver’s licence is suspended from 27 November 2017 up to and including 8 December 2017 (5 days). The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 1 December, Oamaru HRC on 2 December, Methven TC on 3 December, NZ Metropolitan TC on 7 December and Auckland TC on 8 December.

R G McKenzie

CHAIRMAN

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hearing_type: Old Hearing

Rules: 869(2)(a)

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