Auckland TC 8 April 2016 – R 8 – Chair, Mr B Scott
ID: JCA15244
Meet Title:
Auckland TC - 8 April 2016
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2016/04/08
Race Number:
R 8
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
This Committee imposes a fine of $200.00 on Mr Butcher.
Facts:
Following the running of the GRAND PARK F&M MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Open Horseman Mr DJ Butcher alleging that Mr Butcher was in breach of Rule 869(7A)(c) in that he eased SUPRIYA back from outside the leader JO'S DREAM and shifted inwards to trail JOS DREAM this resulting in ROCKNROLL PRINCESS being forced over the track markers at approximately the 1500 metres mark.
Mr Butcher was present at the Hearing and he advised the Committee that he understood the Rule and he admitted the breach.
The Rule provides that every horseman who moves inwards shall not cause any other horse, horseman or sulky to contact any pylons or move inside the marker line.
Mr Muirhead demonstrated the incident by use of the race films and showed that at about the 1500 metres mark Mr Butcher had moved up outside the leader but when he couldn't reach the front he tried to move down behind the leader but in doing so he forced ROCKNROLL PRINCESS over the track markers.
Mr Butcher said he thought there was enough room but the films showed that there was insufficient room.
Mr Muirhead said that the onus was on the person easing down and clearly there was insufficient room to do so.
Submissions for Penalty:
Mr Muirhead said that the JCA Guidelines provided for a starting point penalty of a $300.00 fine or suspension of Licence for 6 drives.
He said that it was not the worst incident that the Stewards had seen and he also said that Mr Butcher should be given credit for his admission of the breach and his excellent record.
Mr Butcher submitted that the incident was at the bottom end of the scale of seriousness and the penalty should reflect that.
Reasons for Penalty:
The Committee viewed the films and we have listened to the parties. We agree that the incident is at the lower end of the scale and that ROCKNROLL PRINCESS was not significantly affected. We are aware that Mr Butcher is a very busy driver and therefore his record is excellent and he is given credit for that and also for his admission of the breach.
We have taken all of these factors into account when assessing penalty and believe that an appropriate fine is $200.00.
JCA Decision Fields (raw)
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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: 7a5f985411c7c363dd227b1e221cc97d
informantnumber: A7443
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Pushing horse over track markers
plea: admitted
penaltyrequired: 1
decisiondate: 12/04/2016
hearing_title: Auckland TC 8 April 2016 - R 8 - Chair, Mr B Scott
charge:
facts:
Following the running of the GRAND PARK F&M MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Open Horseman Mr DJ Butcher alleging that Mr Butcher was in breach of Rule 869(7A)(c) in that he eased SUPRIYA back from outside the leader JO'S DREAM and shifted inwards to trail JOS DREAM this resulting in ROCKNROLL PRINCESS being forced over the track markers at approximately the 1500 metres mark.
Mr Butcher was present at the Hearing and he advised the Committee that he understood the Rule and he admitted the breach.
The Rule provides that every horseman who moves inwards shall not cause any other horse, horseman or sulky to contact any pylons or move inside the marker line.
Mr Muirhead demonstrated the incident by use of the race films and showed that at about the 1500 metres mark Mr Butcher had moved up outside the leader but when he couldn't reach the front he tried to move down behind the leader but in doing so he forced ROCKNROLL PRINCESS over the track markers.
Mr Butcher said he thought there was enough room but the films showed that there was insufficient room.
Mr Muirhead said that the onus was on the person easing down and clearly there was insufficient room to do so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Muirhead said that the JCA Guidelines provided for a starting point penalty of a $300.00 fine or suspension of Licence for 6 drives.
He said that it was not the worst incident that the Stewards had seen and he also said that Mr Butcher should be given credit for his admission of the breach and his excellent record.
Mr Butcher submitted that the incident was at the bottom end of the scale of seriousness and the penalty should reflect that.
reasonsforpenalty:
The Committee viewed the films and we have listened to the parties. We agree that the incident is at the lower end of the scale and that ROCKNROLL PRINCESS was not significantly affected. We are aware that Mr Butcher is a very busy driver and therefore his record is excellent and he is given credit for that and also for his admission of the breach.
We have taken all of these factors into account when assessing penalty and believe that an appropriate fine is $200.00.
penalty:
This Committee imposes a fine of $200.00 on Mr Butcher.
hearing_type: Hearing
Rules: 869(7A)(C)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr D J Butcher - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 24c5eca09bee919fc46af55adade73dd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 327a470fc2638d17a35a1ebf97c00876
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/04/2016
meet_title: Auckland TC - 8 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC