Banks Peninsula TC 25 November 2018 – R 6 – Chair, Mr D M Jackson
ID: JCA10918
Meet Title:
Banks Peninsula TC - 25 November 2018
Meet Chair:
DJackson
Meet Committee Member 1:
DAnderson
Race Date:
2018/11/25
Race Number:
R 6
Decision:
For reasons as stated above we find the charge proved.
Penalty:
Mr Butt will be fined $300 for his breach of the Rule on this occasion.
Facts:
Following the running of Race 6 of this meeting, an information was lodged by Stipendiary Steward Mr S Mulcay against Mr D Butt alleging that he failed to drive his horse, ASTOUND, out to the end of the race when having a reasonable chance of finishing fourth in breach of Rule 868(3).
Mr Butt denied the information, which was heard by the Committee.
Rule 870(3) provides that “Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth, or sixth.”
Submissions for Decision:
Mr Mulcay described to the Committee that Mr Butt had raced three wide without cover from the 1300 metres mark of this 2170 metre standing start trot. He was in a prominent position turning for home and it was at that stage that Mr Mulcay referred the Committee to the video. The video evidence was described by Stipendiary Steward Mr Wallis who showed Mr Butt in a prominent position from the 400 metre mark onwards. From that point onwards Mr Butt has clearly used his whip, activated gear and otherwise urged ASTOUND forward, as he must under the Rules. However, whilst travelling in fourth and 50 or so metres from the finish, Mr Butt is seen to turn his whip over and, in Mulcay’s words “sit up on his drive”. Meanwhile, Mr Cameron, whose drive BRIGHT GLOW was a length off ASTOUND at the 50 metres, has urged BRIGHT GLOW with his whip and has beaten ASTOUND by a nose.
Mr Mulcay submitted that the Rule required Mr Butt to drive ASTOUND out over that concluding 50 metres or so. He submitted that there were options available to Mr Butt such as use of the reins, showing ASTOUND the whip and so on. What was required of Mr Butt was a display of vigour or energy in those concluding stages, which was entirely lacking he submitted.
Mr Butt denied that the central allegation that he had stopped driving and “sat up”. He said ASTOUND had had a hard run from the 1300 metres without cover, that he had given ASTOUND three or four hard strikes with the whip in the straight, to which the horse did not respond. Mr Butt said that the horse could do no better, was not improving despite his urgings, and that he was entitled to act as he did.
Reasons for Decision:
The Committee disagrees with Mr Butt. The charge is proved on the evidence available. This is a case of simple error on Mr Butt’s part. He has been travelling in fourth on a horse which he felt could do no better 50 metres or so from the finish. He has stopped using his whip and failed to employ any other tactic to urge his horse to the line, as he must when in contention under the Rule. He has been beaten by a nose by a horse, who was so encouraged to the line. Whether ASTOUND had come to the end of its run is irrelevant to establishing liability under this Rule. Within 50 metres of the finish, travelling in fourth, Mr Butt was required to drive his horse out and he did not do so.
Submissions for Penalty:
Mr Mulcay submitted that the JCA Penalty Guidelines provide for a fine of $400 given Mr Butt was beaten for fourth placing.
Mr Butt submitted that the breach was at the low end of the scale and a fine of $50 was appropriate.
Reasons for Penalty:
The Penalty Guide for this charge is referenced to the placing lost. Mr Butt lost fourth place by his actions in breach of the Rule. The Penalty Guide calls for a fine of $400 fine or 8 drive suspension. Mr Mulcay did not seek a suspension noting Mr Butt seldom drives in recent years, which Mr Butt accepted.
The Committee has determined that Mr Butt’s culpability on this occasion is at the low end of the scale. His horse had come to the end of a long run, it had not responded to the whip from the 400 metre mark onwards, and he has determined to do no more as a result. Had he urged his horse with the reins, raised his whip to it or otherwise showed some energy over the final 50 metres he would not be before the Committee.
A finding of low culpability enables the Committee to moderate the starting point, which we reduce to $300.00. There are no aggravating factors. There are no mitigating factors. We have considered totality – the punishment must meet the breach.
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: 0ee6448b22cdad72194dfc5ddb77bab9
informantnumber: A10243
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to drive horse out to the finish when in contention to run in the first six placings
plea: denied
penaltyrequired: 1
decisiondate: 28/11/2018
hearing_title: Banks Peninsula TC 25 November 2018 - R 6 - Chair, Mr D M Jackson
charge:
facts:
Following the running of Race 6 of this meeting, an information was lodged by Stipendiary Steward Mr S Mulcay against Mr D Butt alleging that he failed to drive his horse, ASTOUND, out to the end of the race when having a reasonable chance of finishing fourth in breach of Rule 868(3).
Mr Butt denied the information, which was heard by the Committee.
Rule 870(3) provides that “Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth, or sixth.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay described to the Committee that Mr Butt had raced three wide without cover from the 1300 metres mark of this 2170 metre standing start trot. He was in a prominent position turning for home and it was at that stage that Mr Mulcay referred the Committee to the video. The video evidence was described by Stipendiary Steward Mr Wallis who showed Mr Butt in a prominent position from the 400 metre mark onwards. From that point onwards Mr Butt has clearly used his whip, activated gear and otherwise urged ASTOUND forward, as he must under the Rules. However, whilst travelling in fourth and 50 or so metres from the finish, Mr Butt is seen to turn his whip over and, in Mulcay’s words “sit up on his drive”. Meanwhile, Mr Cameron, whose drive BRIGHT GLOW was a length off ASTOUND at the 50 metres, has urged BRIGHT GLOW with his whip and has beaten ASTOUND by a nose.
Mr Mulcay submitted that the Rule required Mr Butt to drive ASTOUND out over that concluding 50 metres or so. He submitted that there were options available to Mr Butt such as use of the reins, showing ASTOUND the whip and so on. What was required of Mr Butt was a display of vigour or energy in those concluding stages, which was entirely lacking he submitted.
Mr Butt denied that the central allegation that he had stopped driving and “sat up”. He said ASTOUND had had a hard run from the 1300 metres without cover, that he had given ASTOUND three or four hard strikes with the whip in the straight, to which the horse did not respond. Mr Butt said that the horse could do no better, was not improving despite his urgings, and that he was entitled to act as he did.
reasonsfordecision:
The Committee disagrees with Mr Butt. The charge is proved on the evidence available. This is a case of simple error on Mr Butt’s part. He has been travelling in fourth on a horse which he felt could do no better 50 metres or so from the finish. He has stopped using his whip and failed to employ any other tactic to urge his horse to the line, as he must when in contention under the Rule. He has been beaten by a nose by a horse, who was so encouraged to the line. Whether ASTOUND had come to the end of its run is irrelevant to establishing liability under this Rule. Within 50 metres of the finish, travelling in fourth, Mr Butt was required to drive his horse out and he did not do so.
Decision:
For reasons as stated above we find the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted that the JCA Penalty Guidelines provide for a fine of $400 given Mr Butt was beaten for fourth placing.
Mr Butt submitted that the breach was at the low end of the scale and a fine of $50 was appropriate.
reasonsforpenalty:
The Penalty Guide for this charge is referenced to the placing lost. Mr Butt lost fourth place by his actions in breach of the Rule. The Penalty Guide calls for a fine of $400 fine or 8 drive suspension. Mr Mulcay did not seek a suspension noting Mr Butt seldom drives in recent years, which Mr Butt accepted.
The Committee has determined that Mr Butt’s culpability on this occasion is at the low end of the scale. His horse had come to the end of a long run, it had not responded to the whip from the 400 metre mark onwards, and he has determined to do no more as a result. Had he urged his horse with the reins, raised his whip to it or otherwise showed some energy over the final 50 metres he would not be before the Committee.
A finding of low culpability enables the Committee to moderate the starting point, which we reduce to $300.00. There are no aggravating factors. There are no mitigating factors. We have considered totality – the punishment must meet the breach.
penalty:
Mr Butt will be fined $300 for his breach of the Rule on this occasion.
hearing_type: Hearing
Rules: 868(3)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr D Butt - Licensed Horseman
Otherperson: Mr S Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 571f36218d1012dd4438fd4db0e0e992
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: 41d1e9ae022acdc96bd064f29055b138
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2018
meet_title: Banks Peninsula TC - 25 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC