Cambridge – Te Awamutu HRC – 31 May 2008 – Race 6

hearingid: e11d087018f19879d870a43ed8b4d1b2

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hearing_racingtype: harness-racing

startdate: 31/05/2008

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decisiondate: no date provided

hearing_title: Cambridge - Te Awamutu HRC - 31 May 2008 - Race 6

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Decision:

An information filed by Stipendiary Steward Mr N Escott against Mr P A Butcher, driver of VICTORY SPIRIT, alleging a breach of Rule 869 (3) (b) in that he drove carelessly when crossing over in front of MR MOLLY

An information filed by Stipendiary Steward Mr N Escott against Mr P A Butcher, driver of VICTORY SPIRIT, alleging a breach of Rule 869 (3) (b) in that he drove carelessly when crossing over in front of MR MOLLY, driven by Mr R T May, causing that horse to break. Mr Butcher was present at the hearing and denied the breach.

This incident occurred just prior to the entrance to the home straight on the first lap. Mr May said both horses had come out of the gate hard. Mr Butcher tried to head him off, moved in, there was no contact, but he had to take hold of MR MOLLY, which then broke. In answer to questions from Mr Butcher, Mr May confirmed there was no contact but maintained there had been interference. Stipendiary Steward Mr J Muirhead gave evidence of his observations from the patrol box. He said Mr Butcher was trying for the lead, the legs of MR MOLLY were inside the sulky wheel of Mr Butcher. Mr Butcher crossed over, he didn't hear any contact, there was insufficient room for Mr May who grabbed hold of his horse, which then broke. Mr Butcher did not cross examine Mr Muirhead who confirmed his evidence using the video.

Mr May told Mr Scott he was entitled to be where he was and that he wanted to hold the lead.

Mr Butcher said he didn't touch Mr May's horse. It was tight but that was happening all day. MR MOLLY can go rough. He pleaded not guilty because he didn't touch MR MOLLY.

Mr Escott and Mr Butcher summed up their cases in accord with the evidence they had produced.

DECISION & REASONS :

The Committee accepted the evidence of Mr May and Mr Muirhead which was to the effect that Mr Butcher had crossed over when insufficiently clear of MR MOLLY causing Mr May to take hold of his horse which then broke - that being understandable given the high speed involved. There does not have to be contact for there to be interference. The video film supported the evidence of Mr May and Mr Muirhead. The charge is proven.

PENALTY :

Mr Escott said Mr Butcher had had 4,210 drives, no breaches of the rules of any kind in the last 12 months. He referred to the status of the race, the offending being mid range on the scale of seriousness, and the recommended starting point being a fine of $600.00 and/or a 3 week suspension.

Mr Butcher said there were a lot of mitigating factors, he had a good record, drivers did not earn a lot of money, the recommendation of Mr Escott was excessive.

In fixing penalty the Committee took into account the following :

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1. The excellent driving record of Mr Butcher.
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2. The submissions of Mr Escott.
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3. The submissions of Mr Butcher.
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4. The status of the race - Rule 1114 (2) (a).
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5. The recommended starting point - $600.00 fine and/or 3 weeks suspension.
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6. Mr Butcher's preference for a fine.
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7. The offending was in the lower half on the scale of seriousness. There was no relegation involved - this was an error of judgement - another stride or two and Mr Butcher would have been clear of MR MOLLY.

Balancing all of those matters, the Committee imposes a fine of $600.00.

B Rowe

Chairman

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hearing_type: Old Hearing

Rules: 869.3.b, 1114.2.a

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raceid: 16ea98365c347b5ccc51e8cb1b3f085a

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race_title: Race 6

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meetid: 27baf3a37cd4a4a40ed66d0712b94439

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meetdate: 31/05/2008

meet_title: Cambridge - Te Awamutu HRC - 31 May 2008

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tracklocation: cambridge-te-awamutu-hrc

meet_racingtype: harness-racing

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name: Cambridge - Te Awamutu HRC