Ashburton TC – 7 June 2010 – R 2

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startdate: 07/06/2010

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hearing_title: Ashburton TC - 7 June 2010 - R 2

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N.M. Ydgren – Stipendiary Steward

Defendant:  Mr R. J. Butt – Junior Horseman

Information No:  68802

Meeting:  Ashburton Trotting Club       

Date:  7 June 2010

Venue:  Ashburton Raceway                                        

Race No:  2 - Ashburton U Hire Pace  

Rules:  869(2)(a)

Judicial Committee:  J. M. Phelan, Chairman - S. C. Ching, Committee Member

Plea:  Admitted

CHARGE:

Following the running of Race 2, the Ashburton U Hire Pace, Stipendiary Steward Mr N. M. Ydgren filed an Information against Junior Horseman Mr R. J. Butt alleging a breach of Rule 869(2)(a).  It was alleged that Mr Butt used his whip excessively in the run home whilst driving “Call Me Danny” (8).

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that R. Butt used the whip excessively on Call Me Danny in the run home.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-

(a)     use his whip in an unnecessary, excessive

or improper manner.”

Mr Butt had indicated on the information that this breach of the Rules was admitted, and he confirmed this at the hearing.  Mr Butt also agreed that he understood the charge and the Rule it was brought under.  Mr Ydgren advised that Mr Butt had been asked if wanted the assistance of a Senior Horseman, and he declined.

FACTS:

Mr Ydgren used video coverage to show that after entering the home straight Mr Butt used his whip on about 30 occasions, and that there were no pauses in his use of the whip as provided for by the “Use of Whip” guidelines.

Mr Butt did not dispute the facts of this matter.

DECISION:

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

SUBMISSIONS ON PENALTY:

In relation to penalty Mr Ydgren advised that Mr Butt had three recent convictions under this Rule.  The first was on 18 February 2010 at NZMTC when he was fined the sum of $200-00.  The second was on 4 March 2010 at NZMTC when he was fined the sum of $250-00.  At the time of this conviction Mr Butt was also given a formal warning by the JCA Committee that any further breaches of this Rule would most likely result in a suspension or a substantial fine. 

The third conviction was on 12 March 2010 when Mr Butt was again convicted for a breach of this Rule.  On this occasion he was suspended for three (3) driving days, and warned that further breaches of this Rule in the near future would most likely result in a lengthy suspension.

Mr Butt acknowledged the accuracy of these previous convictions.

Mr Ydgren made submissions that a suspension would be appropriate in this case. 

Mr Butt made submissions that he had a very busy time coming up and that he would much prefer a fine to a suspension.  In response Mr Ydgren said that if a fine were to be considered it should be between $450-00 and $550-00.

We adjourned to consider the matter of an appropriate penalty.

REASONS:

We were satisfied that in this case a suspension was the only appropriate penalty, because of the two previous warnings given on 4 March and 12 March 2010.  We were also satisfied that this suspension should be substantial.  We rejected the submissions from Mr Butt that this matter could be dealt with by means of a fine.

On resuming the hearing we advised that a full written decision would be provided later, and we gave the following oral decision.

“Having seen the video coverage, and having heard the evidence we are satisfied that Mr Butt used his whip on about 30 occasions in the run home.

In relation to penalty Mr Ydgren advised that Mr Butt had convictions as follows.

-         On 18 February 2010 – fined $200-00

-         On 4 March 2010 – fined $250-00 and given an official warning by the JCA Committee.

-         On 12 March 2010 – suspended for three race days, and again warned by the JCA Committee that further breaches would most likely result in a lengthy suspension.

Mr Butt agreed that this information was accurate.

Mr Ydgren made submissions that a suspension was appropriate in this case.

Mr Butt said that he had a busy time coming up in the next two weeks, and that he would much prefer a fine to a suspension.

In response Mr Ydgren said that if a fine were to be considered it should be between

$450-00 and $550-00.

We have considered all matters and have taken into account that Mr Butt has admitted this breach.

On the other hand we take into account the following matters.

-         This is the fourth conviction for excessive whip use in the last four months.

-         On the 4 March 2010 Mr Butt was given an official JCA warning to expect a suspension if he re-offended in the near future.

-         On 12 March 2010 Mr Butt was suspended for three race meetings, and again warned that further breaches would most likely result in a lengthy suspension.

Taking all the above matters into account we are satisfied that a lengthy suspension is the only appropriate penalty.  Accordingly Mr Butt is suspended from after the completion of racing on 7 June 2010 (today) until after the completion of racing on 20 June 2010 which is a seven day suspension.

We also advise Mr Butt to rectify the way he uses his whip as further breaches of the Rule will very likely result in further lengthy suspensions.”

Accordingly Mr Butt’s Junior Horseman’s Licence was suspended from after the completion of racing on 7 June 2010 until after the completion of racing on 20 June 2010.  This period of suspension includes the following race meetings.

-         10 June 2010 at Forbury Park.

-         11 June 2010 at Nelson.

-         13 June 2010 at Nelson.

-         15 June 2010 at NZMTC.

-         17 June 2010 at Forbury.

-         18 June 2010 at Blenheim.

-         20 June 2010 at Blenheim.

J. M. Phelan                             S. C. Ching

CHAIR                                     Committee Member

68802

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hearing_type: Old Hearing

Rules: 869(2)(a)

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race_title: R 2

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meetdate: 07/06/2010

meet_title: Ashburton TC - 7 June 2010

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name: Ashburton TC