Archive Decision
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Auckland TC 13 May 2011 – R10
ID: JCA15213
Meet Title:
Auckland TC - 13 May 2011
Meet Chair:
GJones
Meet Committee Member 1:
BRowe
Race Date:
2011/05/13
Race Number:
R10
Decision:
The allegation is admitted, therefore proven.
Penalty:
In consideration of the above matters the commitee imposes a fine of $250.
Charge:
The information alleges that horseman D Butcher drove MACH CRUISER carelessly causing interference to ABSOLUTELY ADAM (M Kerr J) with approximately 300 m to run.
Facts:
Mr Muirhead demonstrated demonstrated the incident via video footaage and told the commitee that appraching the straight entrance, MACH CRUISER driver by Mr Butcher was in the lead and was trailed by ABSOLUTELY ADAM driven by Junior Horseman, Mr M Kerr. Mr Muirhead said that MACH CRUISER was 'hanging' badly and ran out about one and a half sulky widths at the 300m mark. This enabled ABSOLUTE ADAM to improve up on the inside of MACH CRUISER. Mr Butcher steered MAC CRUISER back onto the running line, resulting in ABSOLUTE ADAM receiving a severe check and extiguishing its chances of improving its position. Mr Muirhead said that in his view once MACH CRUISER drifted out, Mr Butcher ought to have maintained that position and allowed Mr Kerr to have the running line. Mr Muirhead said that MACH CRUISER raced ungenerously throughout the race and continued to race erratically up the home straight. He said that the only way that MAC CRUISER could have moved back onto the running line was if Mr Butcher steered the horse there.
Mr Butcher did not contest the interpretation of the video evidence. However he told the committee that his horse ducked out and Mr Kerr improved up on the inside and ran out of room. He said that it was the first time he had driven the horse and that it did not have good racing manners.
Submissions for Decision:
As above.
Submissions for Penalty:
Mr Muirhead submitted that according to the penalty guide a breach of this rule under similar circumstances would attract a fine of $400 and / or suspension of 2 weeks. He recommended that Mr Butcher should be given credit for his early admission of the charge and also given credit for his excellent driving record. Mr Muirhead told the committee that Mr Butcher has had 640 drives this season and only one previous breach of this rule (October 2010). Mr Muirhead further submitted that if it wasn't for the horses erratic racing manners he would view the breach as mid to high range because of Mr Butchers reaction.
Mr Butcher submitted that the committee should take account of his good driving record, his early admission of the charge and the racing manners of MACH CRUISER. He further recommended that a $300 fine would be appropriate.
Reasons for Penalty:
The committee carefully assessed submissions lodged by Mr Muirhead and Mr Butcher. We also independently assessed the gravity of the breach and benchmarked that against penalties handed out for breaches of a similar nature. We assessed Mr Butchers early admission, his excellent driving record and the racing manners of MACH CRUISER as being relevant mitigating factors. We also assessed as an aggravating factor the impact that the incident had on ABSOLUTELY ADAMS chances of finishing in a better position. ABSOLUTELY ADAM finished in last place and but for the intereference may well have finished closer given that the interference was within 300m of the finish.
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hearingid: 76fc9dbfa78753ea3e31052a7f9dd88f
startdate: no date provided
hearing_title: Auckland TC 13 May 2011 - R10
charge:
The information alleges that horseman D Butcher drove MACH CRUISER carelessly causing interference to ABSOLUTELY ADAM (M Kerr J) with approximately 300 m to run.
facts:
Mr Muirhead demonstrated demonstrated the incident via video footaage and told the commitee that appraching the straight entrance, MACH CRUISER driver by Mr Butcher was in the lead and was trailed by ABSOLUTELY ADAM driven by Junior Horseman, Mr M Kerr. Mr Muirhead said that MACH CRUISER was 'hanging' badly and ran out about one and a half sulky widths at the 300m mark. This enabled ABSOLUTE ADAM to improve up on the inside of MACH CRUISER. Mr Butcher steered MAC CRUISER back onto the running line, resulting in ABSOLUTE ADAM receiving a severe check and extiguishing its chances of improving its position. Mr Muirhead said that in his view once MACH CRUISER drifted out, Mr Butcher ought to have maintained that position and allowed Mr Kerr to have the running line. Mr Muirhead said that MACH CRUISER raced ungenerously throughout the race and continued to race erratically up the home straight. He said that the only way that MAC CRUISER could have moved back onto the running line was if Mr Butcher steered the horse there.
Mr Butcher did not contest the interpretation of the video evidence. However he told the committee that his horse ducked out and Mr Kerr improved up on the inside and ran out of room. He said that it was the first time he had driven the horse and that it did not have good racing manners.
submissionsfordecision:
As above.
Decision:
The allegation is admitted, therefore proven.
sumissionsforpenalty:
Mr Muirhead submitted that according to the penalty guide a breach of this rule under similar circumstances would attract a fine of $400 and / or suspension of 2 weeks. He recommended that Mr Butcher should be given credit for his early admission of the charge and also given credit for his excellent driving record. Mr Muirhead told the committee that Mr Butcher has had 640 drives this season and only one previous breach of this rule (October 2010). Mr Muirhead further submitted that if it wasn't for the horses erratic racing manners he would view the breach as mid to high range because of Mr Butchers reaction.
Mr Butcher submitted that the committee should take account of his good driving record, his early admission of the charge and the racing manners of MACH CRUISER. He further recommended that a $300 fine would be appropriate.
reasonsforpenalty:
The committee carefully assessed submissions lodged by Mr Muirhead and Mr Butcher. We also independently assessed the gravity of the breach and benchmarked that against penalties handed out for breaches of a similar nature. We assessed Mr Butchers early admission, his excellent driving record and the racing manners of MACH CRUISER as being relevant mitigating factors. We also assessed as an aggravating factor the impact that the incident had on ABSOLUTELY ADAMS chances of finishing in a better position. ABSOLUTELY ADAM finished in last place and but for the intereference may well have finished closer given that the interference was within 300m of the finish.
penalty:
In consideration of the above matters the commitee imposes a fine of $250.
Rules: Rule 869 (3)(b)- provides that no horseman in any race shall drive carelessly
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Horseman Mr D Butcher
raceid: c6b49d7d38a6616e3bea5f18681db2f3
meetid: 28e85cade03d3b270124d631c850e430
meet_title: Auckland TC - 13 May 2011
tracklocation: auckland-tc
meet_racingtype: harness-racing
