Auckland TC – 25 June 2010 – R 2
ID: JCA19275
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 25 June 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/06/25
Race Number:
R 2
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
----
Informant: Mr TW Taumanu
--Defendant: Mr Z Butcher
--Information No: 68637
--Meeting: Auckland Trotting Club
--Date: 25th June 2010
--Venue: Alexandra Park Raceway, Auckland
--Race: 2
--Rule No: 869(3)(b)
--Judicial Committee: BJ Scott Chairman, - GR Jones Committee Member
--Plea: Admitted
----
CHARGES:
--An Information was lodged by Stipendiary Steward Mr TW Taumanu alleging that Horseman Mr Z Butcher drove Hannahs Last carelessly when he improved inwards when racing three wide with approximately 1750 metres to run and making contact with the front legs of Maheer Knight (Driver TW Mitchell) causing this horse to break with a further check to Courageous Falcon (Driver A Neal).
----
Rule 869(3)(b) states: “No Horseman in any race shall drive carelessly”.
----
Mr Z Butcher was present and he was assisted by Senior Horseman Mr P Butcher.
----
FACTS:
--The Rule was read to Mr Butcher and he acknowledged that he understood it.
----
Mr Taumanu showed the incident by use of the video films and showed that with approximately 1750 metres to run Mr Butcher was racing three wide and attempted to move into the two wide line in front of Mr Mitchell’s horse. Mr Mitchell was endeavouring to hold his horse back to allow Mr Butcher in. Mr Butcher’s sulky wheel came in contact with the front leg of Mr Mitchell’s horse and it broke and in turn caused a check to Courageous Falcon. Both horses effectively lost their chances in the race. Mr Taumanu said that it wasn’t a sharp movement in but in any event it was an inwards movement and contact was made with the front leg of Mr Mitchell’s horse.
----
Mr Butcher for his part said that it was only a slight movement inwards and it wasn’t a deliberate attempt to cause interference but he did acknowledge that contact had been made and did point out that the charge had been admitted. He suggested that because it was a slight movement inwards it was not a serious matter.
----
Mr Taumanu acknowledged that the inwards movement was not sudden and although it was not a serious case of interference there were consequential effects.
----
PENALTY SUBMISSIONS:
--As the charge had been admitted Mr Taumanu was asked for submissions as to penalty. He said that this case was lower on the scale of seriousness. He pointed out that Mr Butcher had only one relevant matter on his driving record and that was in a Group 1 race and he was fined $400.00 on that occasion. Mr Butcher has had a considerable number of drives this season and Mr Taumanu said that it was the submission of the Stipendary Stewards that a fine of $200.00 was appropriate.
----
Mr Phillip Butcher on behalf of Mr Zac Butcher agreed that this incident was lower down on the scale of seriousness and agreed that a fine of $200.00 was appropriate.
----
PENALTY REASONS:
--The Committee took the view that although as can be seen on the film, the inward movement from Mr Butcher was not significant the consequential effects of his actions were. The Committee took the opportunity to point out to Mr Butcher that however it was presented this was a case of interference and two other horses were affected.
----
The Committee notes that the starting point penalty for this offence in the JCA Guidelines is $400.00 and/or suspension of two weeks. The Committee also has the benefit of the JCA Penalty Schedule which shows that the starting point fine or greater has only seemed to have been imposed in Group Races.
----
The mitigating factors are that Mr Butcher is a Junior Horseman and he has had 391 drives this season and only one charge under this Rule in the last 12 months. There were no other charges at all on the record presented to the Committee. Mr Taumanu has submitted to us that the interference was not of a serious nature and this was agreed to by Mr Butcher although the Committee has pointed out to Mr Butcher the consequential effects of the interference.
----
In balancing all matters presented to this Committee we have decided with some reluctance to agree with Mr Taumanu’s submissions as to penalty.
----
PENALTY:
--The Committee therefore imposes a fine of $200.00 on Mr Zac Butcher.
----
--
BJ Scott GR Jones
--Chairman Committee Member
--68637
----
--
--
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: 2f3d2c5c0fcff2784b95eb9620803ecb
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/06/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 25 June 2010 - R 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
----
Informant: Mr TW Taumanu
--Defendant: Mr Z Butcher
--Information No: 68637
--Meeting: Auckland Trotting Club
--Date: 25th June 2010
--Venue: Alexandra Park Raceway, Auckland
--Race: 2
--Rule No: 869(3)(b)
--Judicial Committee: BJ Scott Chairman, - GR Jones Committee Member
--Plea: Admitted
----
CHARGES:
--An Information was lodged by Stipendiary Steward Mr TW Taumanu alleging that Horseman Mr Z Butcher drove Hannahs Last carelessly when he improved inwards when racing three wide with approximately 1750 metres to run and making contact with the front legs of Maheer Knight (Driver TW Mitchell) causing this horse to break with a further check to Courageous Falcon (Driver A Neal).
----
Rule 869(3)(b) states: “No Horseman in any race shall drive carelessly”.
----
Mr Z Butcher was present and he was assisted by Senior Horseman Mr P Butcher.
----
FACTS:
--The Rule was read to Mr Butcher and he acknowledged that he understood it.
----
Mr Taumanu showed the incident by use of the video films and showed that with approximately 1750 metres to run Mr Butcher was racing three wide and attempted to move into the two wide line in front of Mr Mitchell’s horse. Mr Mitchell was endeavouring to hold his horse back to allow Mr Butcher in. Mr Butcher’s sulky wheel came in contact with the front leg of Mr Mitchell’s horse and it broke and in turn caused a check to Courageous Falcon. Both horses effectively lost their chances in the race. Mr Taumanu said that it wasn’t a sharp movement in but in any event it was an inwards movement and contact was made with the front leg of Mr Mitchell’s horse.
----
Mr Butcher for his part said that it was only a slight movement inwards and it wasn’t a deliberate attempt to cause interference but he did acknowledge that contact had been made and did point out that the charge had been admitted. He suggested that because it was a slight movement inwards it was not a serious matter.
----
Mr Taumanu acknowledged that the inwards movement was not sudden and although it was not a serious case of interference there were consequential effects.
----
PENALTY SUBMISSIONS:
--As the charge had been admitted Mr Taumanu was asked for submissions as to penalty. He said that this case was lower on the scale of seriousness. He pointed out that Mr Butcher had only one relevant matter on his driving record and that was in a Group 1 race and he was fined $400.00 on that occasion. Mr Butcher has had a considerable number of drives this season and Mr Taumanu said that it was the submission of the Stipendary Stewards that a fine of $200.00 was appropriate.
----
Mr Phillip Butcher on behalf of Mr Zac Butcher agreed that this incident was lower down on the scale of seriousness and agreed that a fine of $200.00 was appropriate.
----
PENALTY REASONS:
--The Committee took the view that although as can be seen on the film, the inward movement from Mr Butcher was not significant the consequential effects of his actions were. The Committee took the opportunity to point out to Mr Butcher that however it was presented this was a case of interference and two other horses were affected.
----
The Committee notes that the starting point penalty for this offence in the JCA Guidelines is $400.00 and/or suspension of two weeks. The Committee also has the benefit of the JCA Penalty Schedule which shows that the starting point fine or greater has only seemed to have been imposed in Group Races.
----
The mitigating factors are that Mr Butcher is a Junior Horseman and he has had 391 drives this season and only one charge under this Rule in the last 12 months. There were no other charges at all on the record presented to the Committee. Mr Taumanu has submitted to us that the interference was not of a serious nature and this was agreed to by Mr Butcher although the Committee has pointed out to Mr Butcher the consequential effects of the interference.
----
In balancing all matters presented to this Committee we have decided with some reluctance to agree with Mr Taumanu’s submissions as to penalty.
----
PENALTY:
--The Committee therefore imposes a fine of $200.00 on Mr Zac Butcher.
----
--
BJ Scott GR Jones
--Chairman Committee Member
--68637
----
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7427a92a6a5b7b45a85f9ee07602b88b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 259c6455cc52d0e019985d35000a402b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/06/2010
meet_title: Auckland TC - 25 June 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Auckland TC