Morrinsville TC 14 October 2010 – R 8 (heard on 23 October at Cambridge Raceway)

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startdate: 14/10/2010

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hearing_title: Morrinsville TC 14 October 2010 - R 8 (heard on 23 October at Cambridge Raceway)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  T Taumanu

Defendant:  D Butcher

Information No:  68544

Meeting:  Morrinsville Trotting Club

Date:  14 October 2010 (heard on 23 October 2010 at Cambridge Raceway)

Venue:  Cambridge Raceway

Race:  8

Rule No:  869 (3) (b)

Judicial Committee:  Jeff Holloway, Chairman, - Alan Godsalve, Committee Member

Plea:  Not admitted

FACTS

An information was lodged on race night at the Morrinsville Trotting Club meeting on the 14^th October 2010 charging driver Mr D Butcher with careless driving in Race 8 and was adjourned for hearing on the 23 October 2010.

The information alleged Mr Butcher drove Santorini carelessly causing interference to Subritzky (L Chin) with approximately 1000 metres to run.

Mr Butcher signed the information indicating he wished to deny the breach.

Mr Taumanu referred the hearing to video footage of the relevant stages of the race and gave evidence of his observation from the Judges box. He identified Mr Butcher travelling three wide on Santorini near the 1000 metre mark and passed Subritzky in the one out position.  He moved in and in doing so did not leave enough room which resulted in Mr Chin’s horse hitting the mudguard of Mr Butchers sulky and breaking up.  From his position Mr Taumanu distinctly heard the bang.  Mr Chin’s horse broke and took no further part in the race.

During the subsequent Stipendiary Stewards enquiry Mr Butcher admitted there was contact between Subritzky and the wheel of his mudguard.

The conditions were appalling but Mr Butcher just chopped it a bit fine.  If he had continued a further stride before moving inwards his actions would have been fine.

Mr Butcher questioned Mr Taumanu about the incident.  Mr Taumanu conceded the movement was carried out in a normal motion.  Mr Taumanu did not hear Mr Chin call out for room.

Mr Butcher suggested that a more experienced driver being passed would have taken action to prevent the contact.  Mr Taumanu reinforced the responsibility to complete the manoeuvre safely rested with Mr Butcher.  Drivers did not have to call for room.

Mr Butcher felt had had gone all the way past Mr Chin and he had clipped the back of his mudguard   Mr Chin was not having any trouble with his horse.  He had not come across quickly.  The action was not intentional or careless.  There should be a little bit of leeway and some responsibility also lay with the other driver.

His actions were not that careless.

Decision

Having viewed the video footage and listened to the evidence the committee is satisfied that the actions of Mr Butcher were careless and therefore the charge is upheld

Submissions on Penalty

Mr Taumanu indicated the Stipendiary Stewards considered the breach to be in the mid to upper range of seriousness taking into account that the horse Subritzky broke after the incident and took no further part in the race.  The conditions were atrocious and placed further responsibility on Mr Butcher improving with safety.  Mr Butcher was an experienced professional driver with a very good record having one previous breach for the season.  He submitted that a fine between $300 and $500 was appropriate.

Mr Butcher suggested the fine requested was clearly excessive.  His actions were definitely at the lower end of the scale of carelessness and with a more experienced driver in charge of the horse affected the incident would not have occurred.  He suggested a fine of $200 was more appropriate.

Penalty

The committee accepted that a fine for the breach was appropriate.

In arriving at the penalty imposed the committee took notice of Mr Butcher’s driving record and the conditions under which the race was run.  The breach was at the lower end of the scale albeit that the affected horse took no further part in the race.

A fine of $200 was ordered.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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raceid: 46fd38bea40a6ac1fcea97581e0d4bce

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race_title: R 8

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meetdate: 14/10/2010

meet_title: Morrinsville TC - 14 October 2010

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tracklocation: morrinsville-tc

meet_racingtype: harness-racing

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name: Morrinsville TC