Auckland TC 2 May 2014 – R 5
ID: JCA12222
Meet Title:
Auckland TC - 2 May 2014
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2014/05/02
Race Number:
R5
Decision:
The Charge is upheld.
Penalty:
The Committee imposes a fine of $500.00 on Mr Butcher.
Facts:
Following the running of the WOODLANDS STUD/CADUCEUS CLUB 2YOF MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Horseman Mr Z Butcher alleging that he drove carelessly causing his own horse DEMOCRAT PARTY to break when shifting ground outwards leaving the 1000 metres mark and checking JOANNES DELIGHT (Driver AM Butt) which became entangled with his horse and this resulted in checks to trailing runners.
Mr Butcher was present and he advised the Committee that he did not admit the charge.
The Rule was explained to Mr Butcher and he acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the Race Films and he showed where Mr Butcher was racing 3 back on the inside of Mr Butt's horse and after the horses passed the 1000 metres mark Mr Butcher attempted to come out and in doing so his horse broke and it became locked up with JOANNES DELIGHT and checked that runner and there was resultant interference to trailing runners.
He said he did not have an advantage over Mr Butt and in fact it was Mr Butt who had the advantage and Mr Butcher was not entitled to move when he did.
Mr Muirhead in answer to a question from Mr Butcher said that it was the Stewards' view that Mr Butt had a half head advantage over Mr Butcher and that he was not in a position to move out.
Mr Butt then gave evidence and said that he was the Driver of JOANNES DELIGHT and that he was in the one/one position and he was hard up behind the horse in front of him. He said that Mr Butcher was on the fence inside him and that Mr Butcher attempted to push him out which resulted in his horse breaking and then both horses became entangled and they lost ground. He said that the shaft of his sulky had gone through the front carrier on Mr Butcher's horse and he had to restrain his horse and get clear and this caused him to lose ground.
He said that Mr Butcher did not have an advantage over him at any stage and was never in a position to push him out.
Mr Butt further said, in answer to a question from Mr Butcher, that he never left the back of the horse he was trailing and he was travelling too good. He said to Mr Butcher that he did not have an advantage and it was a risky manoeuvre on his part.
Mr Butcher then gave evidence and he said he was side by side with Mr Butt and he was in a position to come out. He said "I have had a go for about 10 strides and I have gone to go back but he has pushed me down." He also said that Mr Butt had exaggerated the push and he has caused me interference. He then went on to say that it was a Group 1 Race and "I wanted to put my horse in the Race." He further said that he thought he had an advantage sufficient for him to push out.
Mr Butcher then said, in response to a question from Mr Muirhead, that he didn't think that the 2 horses had become entangled and he said that in these situations it was a matter of "he said versus he said".
Submissions for Decision:
Mr Muirhead summed up by saying that the Stewards' view was that Mr Butcher had attempted to improve when not in a position to do so. He did not have an advantage and he took a risk and broke his own horse up. This resulted in interference to Mr Butt's horse and also to the trailing runners.
Mr Butcher said that he was doing his best for his Owners and his horse. He said that Mr Butt had exaggerated his movement downwards. He also said that the incident made no difference to the finish because Mr Butt beat him home and that the 5th horse would not have beaten him.
Reasons for Decision:
After listening to the oral evidence and viewing the Race Films the Committee had to assess whether Mr Butcher was entitled to come out. Clearly the answer is no. In our view Mr Butt had an advantage over Mr Butcher and Mr Butt's horse was travelling well.
Mr Butcher clearly caused his own horse to break and caused the interference as set out in the Charge.
Mr Butcher, in our view, did not exercise the required level of care and he was careless.
Submissions for Penalty:
Mr Muirhead said that the JCA Guidelines provide for a Starting Point Penalty in a Major Race at a Fine of $1500.00 or a Suspension of Licence for 30 Drives.
He also said that this was a Group Race and the Committee should apply the provisions of Rule 1114(2).
He said that Mr Butcher had previously been charged with Careless Driving in June 2013. Mr Muirhead also said that Mr Butcher was a very busy and very successful Driver and that he therefore had a good record.
Mr Muirhead submitted that a Fine of $500.00 was appropriate.
Mr Butcher said "I may have been a little bit careless but Mr Butt still ran third" He said he was doing his best and he does have a good record. He submitted that a fine of $300.00 would be more appropriate.
Reasons for Penalty:
The evidence is very clear and Mr Butcher has clearly been careless. Although the level of carelessness may not have been high Mr Butcher should have known at the outset that he was not going to be able to push Mr Butt out. The consequences of the incident had a significant impact on the chances of Mr Butt's horse, his own horse and several trailing horses.
We have taken this into account as well as the submissions made by Messrs Muirhead and Butcher. We also have the benefit of JCA Penalty Schedules and have reviewed Penalties given in Group and Major Races.
We believe that an appropriate Penalty would be around $600.00 but we have given Mr Butcher credit for a very good record.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 42198a8b4c5a34fb7376043d512243d8
informantnumber: A2537
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 28/04/2014
hearing_title: Auckland TC 2 May 2014 - R 5
charge:
facts:
Following the running of the WOODLANDS STUD/CADUCEUS CLUB 2YOF MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Horseman Mr Z Butcher alleging that he drove carelessly causing his own horse DEMOCRAT PARTY to break when shifting ground outwards leaving the 1000 metres mark and checking JOANNES DELIGHT (Driver AM Butt) which became entangled with his horse and this resulted in checks to trailing runners.
Mr Butcher was present and he advised the Committee that he did not admit the charge.
The Rule was explained to Mr Butcher and he acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the Race Films and he showed where Mr Butcher was racing 3 back on the inside of Mr Butt's horse and after the horses passed the 1000 metres mark Mr Butcher attempted to come out and in doing so his horse broke and it became locked up with JOANNES DELIGHT and checked that runner and there was resultant interference to trailing runners.
He said he did not have an advantage over Mr Butt and in fact it was Mr Butt who had the advantage and Mr Butcher was not entitled to move when he did.
Mr Muirhead in answer to a question from Mr Butcher said that it was the Stewards' view that Mr Butt had a half head advantage over Mr Butcher and that he was not in a position to move out.
Mr Butt then gave evidence and said that he was the Driver of JOANNES DELIGHT and that he was in the one/one position and he was hard up behind the horse in front of him. He said that Mr Butcher was on the fence inside him and that Mr Butcher attempted to push him out which resulted in his horse breaking and then both horses became entangled and they lost ground. He said that the shaft of his sulky had gone through the front carrier on Mr Butcher's horse and he had to restrain his horse and get clear and this caused him to lose ground.
He said that Mr Butcher did not have an advantage over him at any stage and was never in a position to push him out.
Mr Butt further said, in answer to a question from Mr Butcher, that he never left the back of the horse he was trailing and he was travelling too good. He said to Mr Butcher that he did not have an advantage and it was a risky manoeuvre on his part.
Mr Butcher then gave evidence and he said he was side by side with Mr Butt and he was in a position to come out. He said "I have had a go for about 10 strides and I have gone to go back but he has pushed me down." He also said that Mr Butt had exaggerated the push and he has caused me interference. He then went on to say that it was a Group 1 Race and "I wanted to put my horse in the Race." He further said that he thought he had an advantage sufficient for him to push out.
Mr Butcher then said, in response to a question from Mr Muirhead, that he didn't think that the 2 horses had become entangled and he said that in these situations it was a matter of "he said versus he said".
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead summed up by saying that the Stewards' view was that Mr Butcher had attempted to improve when not in a position to do so. He did not have an advantage and he took a risk and broke his own horse up. This resulted in interference to Mr Butt's horse and also to the trailing runners.
Mr Butcher said that he was doing his best for his Owners and his horse. He said that Mr Butt had exaggerated his movement downwards. He also said that the incident made no difference to the finish because Mr Butt beat him home and that the 5th horse would not have beaten him.
reasonsfordecision:
After listening to the oral evidence and viewing the Race Films the Committee had to assess whether Mr Butcher was entitled to come out. Clearly the answer is no. In our view Mr Butt had an advantage over Mr Butcher and Mr Butt's horse was travelling well.
Mr Butcher clearly caused his own horse to break and caused the interference as set out in the Charge.
Mr Butcher, in our view, did not exercise the required level of care and he was careless.
Decision:
The Charge is upheld.
sumissionsforpenalty:
Mr Muirhead said that the JCA Guidelines provide for a Starting Point Penalty in a Major Race at a Fine of $1500.00 or a Suspension of Licence for 30 Drives.
He also said that this was a Group Race and the Committee should apply the provisions of Rule 1114(2).
He said that Mr Butcher had previously been charged with Careless Driving in June 2013. Mr Muirhead also said that Mr Butcher was a very busy and very successful Driver and that he therefore had a good record.
Mr Muirhead submitted that a Fine of $500.00 was appropriate.
Mr Butcher said "I may have been a little bit careless but Mr Butt still ran third" He said he was doing his best and he does have a good record. He submitted that a fine of $300.00 would be more appropriate.
reasonsforpenalty:
The evidence is very clear and Mr Butcher has clearly been careless. Although the level of carelessness may not have been high Mr Butcher should have known at the outset that he was not going to be able to push Mr Butt out. The consequences of the incident had a significant impact on the chances of Mr Butt's horse, his own horse and several trailing horses.
We have taken this into account as well as the submissions made by Messrs Muirhead and Butcher. We also have the benefit of JCA Penalty Schedules and have reviewed Penalties given in Group and Major Races.
We believe that an appropriate Penalty would be around $600.00 but we have given Mr Butcher credit for a very good record.
penalty:
The Committee imposes a fine of $500.00 on Mr Butcher.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr Z Butcher - Horseman and Driver of DEMOCRAT PARTY
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 53de987b8cf641d6d6d3a736c3bf169c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c0a66211aee3089eef0778eca846ef2b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/05/2014
meet_title: Auckland TC - 2 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC