NZ Metro TC – 21 July 2009 –

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startdate: 21/07/2009

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hearing_title: NZ Metro TC - 21 July 2009 -

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Following the running of Race 4, Midhurst Holdings Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rules 869 (4) & (6) (b) & (c) in that Mr Butt “whilst driving SIR RON shifted outwards and in doing so forced PUPPETANDMEE (C J De Filippi) wider on the track with approximately 2100 metres to run”.

Following the running of Race 4, Midhurst Holdings Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rules 869 (4) & (6) (b) & (c) in that Mr Butt “whilst driving SIR RON shifted outwards and in doing so forced PUPPETANDMEE (C J De Filippi) wider on the track with approximately 2100 metres to run”.

Mr Butt had signed the Statement by the Defendant on the information form indicating that he did not admit the breach. Mr Butt was present at the hearing of the information. He waived reading of the Rule and informed the Committee that he wished to change his plea to the charge and admit it. Mr Butt said he did not wish to be present and left the hearing. The breach was found proved.

Mrs Williams submitted that Mr Butt had left it “two strides too late” when shifting out near the 2100 metres by which time Mr De Filippi had improved outside his wheel. She said that the Stewards had considered protesting on the basis that Mr Butt had obtained a run that he was not entitled to.

Mr N M Ydgren, Stipendiary Steward, showed the incident on video replays. He showed Mr Butt moving out from the one-out line into the 3-wide line with approximately 2100 metres to run. Mr De Filippi had moved up 3-wide outside Mr Butt’s wheel and was forced to race 4-wide for “only a short period”. Mr De Filippi had told the Stewards that his chances were not affected and that he had known that Mr Butt was going to come out in front of him. The incident was clear from the replays.

Mrs Williams informed the Committee that Mr Butt had breached the push-out Rule at Oamaru on 13 January 2009. She submitted that his record was a good one having regard to the number of drives that he has – 513 in the current season to date. She recommended a fine of $200.

The Committee took into account Mr Butt’s admission of the breach and his record which, the Committee agreed, was a good one notwithstanding the breach in January.

Mr Butt was fined the sum of $200.
 
R G McKenzie
CHAIR
67769

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