Auckland TC – 20 February 2009 – Race 9

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startdate: 20/02/2009

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hearing_title: Auckland TC - 20 February 2009 - Race 9

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An Information was lodged by Stipendiary Steward Mr JM Muirhead against Horseman Mr AM Butt the Driver of Stunin Cullen alleging that Mr Butt failed to keep Stunin Cullen on a straight course to a finish line causing checks to Jazz Bromac (Driver M White) and Corlett (Driver P Ferguson).

Mr Butt did not admit the breach of rule and was present.

Rule 869(4) provides as follows:

“No Horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”.

Clause 7 of the Home Straight Regulations provides:

“Except where a Horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this Regulation where applicable, every horse upon entering the Home Straight prior to the finish shall maintain as straight a course as possible to the finish line.”.

The Rule and the above Clause were both read to Mr Butt and he acknowledged that he understood them.

Mr Muirhead gave evidence by use of the video films of the race and he was able to show the incident to us from several different angles.

Mr Muirhead showed Stunin Cullen at the rear of the field prior to the straight entrance and he showed Mr Butt had come around seven wide entering into the straight.   He showed the inwards movement from Stunin Cullen and said that this horse moved in two to two and a half sulky widths and took the line of and interfered with Jazz Bromac with resultant interference to Corlett.   These two horses were checked ran out of racing room as a result of the inwards movement from Stunin Cullen.

Mr Muirhead said that although the Stipendiary Stewards had commenced a protest into the third placing of Stunin Cullen because of the interference caused the protest was not proceeded with because the Drivers of both Jazz Bromac and Corlett said the chances of their horses were not affected.

Mr Muirhead then called Mr White the Driver of Jazz Bromac to give evidence.   Mr White said that down the straight Mr Butt came in on him on an angle.   He said that Mr Butt didn’t shift in a lot but on the other hand there was not a lot of room on the inside of him.   Mr White suggested that his horse does run in and it had a pole on.

Mr Muirhead then asked Mr White if his line had been dictated to by Mr Butt.   He said that it was slightly dictated to and he suggested that his horse is not the bravest and it over reacted.

Mr White also tried to suggest that his horse ran out slightly and in response to a question to him he confirmed that his horse ran out slightly.   He did say that his horse didn’t help the situation and again said it wasn’t the bravest horse.

Mr Muirhead then asked Mr White if he had to stop driving his horse.   Mr White tried to suggest that he did not have to stop driving his horse but Mr Muirhead showed him on the film where he did have to stop driving his horse and had to take hold of it.   Mr White then said that he had to grab hold of his horse or it would have gone down and he could have knocked Mr Ferguson down.   Mr White said “I had to take evasive action.”.

In response to a question from the Chairman Mr White said that there was no contact between his horse and Mr Butt’s horse.

Mr Butt then gave his evidence.   He confirmed that he made the widest run into the straight and he said that at the time he wasn’t aware that any incident had happened.   It was only when he was approached by Mr Muirhead that it came to his attention.

Mr Butt acknowledged that his horse had moved in but he denied that he had caused the tightening.  

Mr Butt made use of the video films and pointed out to the Committee that around the time of the incident Mr Mitchell driving The Little General had moved outwards and that he had contributed to the incident that caused interference to both Jazz Bromac and Corlett.   Mr Butt tried to suggest that Mr Mitchell’s outward movement was more the cause of the problem.

Mr Butt said that squeezing had come from both sides and that he had made a minimal contribution to the incident.

Mr Butt also tried to demonstrate by use of the films and particularly the side on film that his horse had run past Jazz Bromac before the incident had occurred.   Mr Butt acknowledged that his horse had run inwards prior to that but he believed that it was only a slight inwards movement and he acknowledged that it had run in several sulky widths after the incident.

Mr Butt relied on Mr White’s evidence and the suggested problems with his horse and particularly relied on the film evidence and to the outwards movement from Mr Mitchell.

Mr Butt reiterated that he believed that he had run past Mr White before the incident happened and he did not believe that he was responsible for it.

Stipendary Steward Mr TW Taumanu also gave evidence.   He was on patrol in the tower at the top of the Home Straight and he saw Mr Butt’s horse six or seven wide and he said it looked to have put in a couple of rough strides and had run inwards.   Mr Taumanu saw the inwards movement from Mr Butt’s horse and he saw Mr White checked and then Mr Ferguson on Corlett checked because it had run out of room.

Mr Taumanu in response to a question from Mr Butt confirmed that from his position he couldn’t tell whether Mr Butt’s horse was clear of Mr White’s horse before the inwards movement.

Decision

The Committee spent some time reviewing the films of the incident.   The inwards movement from Stunin Cullen was clear and in the Committee’s view Mr Butt had moved in and checked Mr White’s horse, Jazz Bromac with resultant interference to Corlett.

The Committee also looked at the actions of Mr White during the incident and saw that he did have to take hold of his horse and the Committee noted the positive statement in Mr White’s evidence that “he had to take hold of his horse or he would have gone down.”.

The Committee also took time to look at the outwards movement from Mr Mitchell and in the Committee’s opinion that movement was approximately half a cart width and in our opinion the interference to Jazz Bromac and then Corlett had already occurred.

Rule 869(4) is very wide in its terms and the onus of proof in these matters is “the balance of probabilities”.

Taking all matters into account the Committee finds the charge proven and that the inwards movement by Mr Butt and Stunin Cullen caused interference to both Jazz Bromac and Corlett.

Penalty

The parties were asked to make submissions as to penalty.   Mr Muirhead referred to the JCA Guidelines and suggested that a fine of $400.00 was appropriate.

Mr Butt on the other hand thought that $400.00 was too steep and said that there were mitigating circumstances including the outwards movement of horses from the inside and he said that it was not a deliberate act on his part and had no bearing on the outcome of the race.   He also pointed to his excellent driving record which Mr Muirhead also acknowledged.

This Committee took all evidence into account and the submissions of the parties in respect to penalty and also reviewed the JCA Guidelines as to penalty and accordingly imposes a fine of $300.00 on Mr Butt.

Rider

This Committee takes this opportunity to add a Rider to this Decision in respect to the evidence given by Mr White.   The Committee was not satisfied with Mr White’s evidence which at best was contradictory and at worst unhelpful.   Mr White is an experienced professional Horseman and the JCA expects Horsemen to be forthright and straightforward in the evidence that they give at these Hearings.   Mr White did not meet this standard.

BJ Scott                                                                                             A Dooley

Chairman                                                                                           Panelist

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Rules: 869.4, 869.7

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