Ashburton TC 7 February 2015 – R 9 (heard on 13 February 2015 at Motukarara)

hearingid: ca2f8049e5b0c647e53fcc33e49d81de

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hearing_racingtype: harness-racing

startdate: 07/02/2015

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hearing_title: Ashburton TC 7 February 2015 - R 9 (heard on 13 February 2015 at Motukarara)

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RACEDAY JUDICIAL COMMITTEE DECISION

Meeting: Ashburton Trotting Club

Date: 7 February 2015

Race: 9

Rules: 862(2)

Committee: S Ching, Chairman - G Clapp, Panelist

Name: R Butt - Open Horseman

Informant: N Ydgren - Stipendiary Steward

Information Number: A1459

Plea: Admitted

Charge: Breach of Rule 862(2)-Starting from the incorrect barrier position

Evidence:

Following the running of Race 9, the “Studholme Premier Yearlings Mares Mobile Pace”, an Information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman, Mr R Butt, alleging a breach of Rule 862(2) in that “when driving GEORGIE MACH, he started from the incorrect barrier position as required under Rule 860(5)”.

Rule 862(2) states:

(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).

Rule 860(5) states:

(5) Unless otherwise directed by a Stipendiary Steward, a horse declared to be unruly shall be placed:

(a) in the case of a mobile start from the second line no closer in than barrier position five;

This was an adjourned hearing from the Ashburton Trotting Clubs Meeting held 7 February 2015 heard at the Banks Peninsula Trotting Clubs meeting at Motukarara on 13 February 2015.

Submissions For Decision:

Mr Butt had endorsed the Information that this breach of the Rules was admitted. Mr Butt had also advised the Stewards that he did not wish to be present at the hearing.

Mr Ydgren gave evidence and showed video replays to show that Mr Butt driving GEORGIE MACH, was drawn two on the second line in the unruly position in the mobile start event. He pointed out GEORGIE MACH, just prior to the start and as the start was declared, in the two draw on the second line, not in its correct barrier position of no closer in than barrier position five. Mr Ydgren stated that Mr Butt had driven GEORGIE MACH in its previous two starts which had been standing starts where the horse did not start in the unruly position.

Reasons For Decision:

As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Ydgren stated that Mr Butt had admitted the breach at the first opportunity and had a clear record in regard to this rule. He stated that the JCA Penalty Guide recommended a starting point of $400 for a breach of this Rule and that a fine of $200 be considered as penalty.

Reasons For Penalty:

In determining penalty the Committee took into consideration Mr Butt’s frank admission of the breach and his good record in regard to the Rule. In taking the JCA Penalty Guide starting point of $400 we were able to give Mr Butt a discount of $100 for his ready admission of the breach. We were also able to give Mr Butt a further discount of $100 for his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.

Penalty:

Mr Butt was fined the sum of $200.

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hearing_type: Old Hearing

Rules: 862(2)

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