Forbury Park TC 1 June 2017 – R 11 – Chair, Prof G Hall
ID: JCA11429
Meet Title:
Forbury Park TC - 1 June 2017
Meet Chair:
GHall
Race Date:
2017/06/01
Race Number:
R 11
Decision:
As the breach is admitted, it is found to be proved.
Penalty:
Ms Butt is suspended for the breach in race 11 for 3 days commencing on the expiry of the earlier suspension. She is thus suspended from the end of racing on 11 June up to and including 18 June. This is Forbury Park 15 June, Addington 16 June, and Oamaru 18 June.
Ms Butt needs to be aware that with now 3 breaches of the excessive use of the whip rule on her record, she faces the real risk that should she breach this rule again she could spend a significant period of time on the sideline.
Facts:
Mr Tidmarsh alleged that Ms K Butt (ZAKSPATROL) used her whip excessively inside the final 400 metres of race 11, the FIREMECH CONTRACTING CLAIMERS CHAMPS (HEAT 1) MOBILE PACE.
Mr Tidmarsh demonstrated on the videos that on exiting the home bend, Ms Butt, used her whip with the reins continuously. He counted the number strikes as being 12. He said these were quite repetitive and there was only one very brief pause. There was no distinct pause, as is required when the whip is being used with the rein. He said there were also 4 strikes free of the rein.
Ms Butt agreed her actions were similar to those in race 7 and that she thought she was driving within the Rules. She reiterated she would change her whip action.
Submissions for Penalty:
Mr Tidmarsh produced Ms Butt’s record, which showed it had been five months since her first breach. However, this was the second breach tonight. In response to questioning by the Committee, he said Mr Renault, Stipendiary Steward, had spoken only briefly to Ms Butt prior to race 11 but had told her they were examining her use of the whip in race 7. She had not been in the room to view the videos before race 11. He said the number of strikes was at the lower end and referred to the Penalty Guide starting point of 3 to 5 days’ suspension. He submitted a 4 to 5-day suspension was appropriate because it was the 2nd breach on the night.
Reasons for Penalty:
This is a low-end breach. There are 12 continuous strikes. Again, Ms Butt has failed to break up her whip action and has thus fallen foul of the whip rule. She believed because she was using the rein together with the whip, she was within the Rules. Again, she accepts that her actions were not.
The starting point is 3 days. It is evident that Ms Butt was confused as to the rule concerning the use of reins together with whip. This is clearly so, as she knew her earlier drive was being considered by the Stipendiary Stewards and she was endeavouring to drive within the Rules.
The Committee sees no reason to adjust the starting point of 3 days up or down. The fact this was a 2nd breach after the respondent was told her actions in a previous race were in question is balanced by the fact the breach is low end.
There is a need to stand back and view the respondent’s actions on the night over the 2 races in question. There is also a need to factor in that Ms Butt is a junior driver, albeit an experienced one, and to assess the need to hold her accountable and ensure the integrity of rules and harness racing are upheld. Viewing the totality of her actions, the Committee is satisfied an overall penalty of 5 days’ suspension for the 2 breaches is a sufficient penalty.
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: 1b7f2a28261ceaf82fcee32a8a194597
informantnumber: A9370
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/06/2017
hearing_title: Forbury Park TC 1 June 2017 - R 11 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh alleged that Ms K Butt (ZAKSPATROL) used her whip excessively inside the final 400 metres of race 11, the FIREMECH CONTRACTING CLAIMERS CHAMPS (HEAT 1) MOBILE PACE.
Mr Tidmarsh demonstrated on the videos that on exiting the home bend, Ms Butt, used her whip with the reins continuously. He counted the number strikes as being 12. He said these were quite repetitive and there was only one very brief pause. There was no distinct pause, as is required when the whip is being used with the rein. He said there were also 4 strikes free of the rein.
Ms Butt agreed her actions were similar to those in race 7 and that she thought she was driving within the Rules. She reiterated she would change her whip action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach is admitted, it is found to be proved.
sumissionsforpenalty:
Mr Tidmarsh produced Ms Butt’s record, which showed it had been five months since her first breach. However, this was the second breach tonight. In response to questioning by the Committee, he said Mr Renault, Stipendiary Steward, had spoken only briefly to Ms Butt prior to race 11 but had told her they were examining her use of the whip in race 7. She had not been in the room to view the videos before race 11. He said the number of strikes was at the lower end and referred to the Penalty Guide starting point of 3 to 5 days’ suspension. He submitted a 4 to 5-day suspension was appropriate because it was the 2nd breach on the night.
reasonsforpenalty:
This is a low-end breach. There are 12 continuous strikes. Again, Ms Butt has failed to break up her whip action and has thus fallen foul of the whip rule. She believed because she was using the rein together with the whip, she was within the Rules. Again, she accepts that her actions were not.
The starting point is 3 days. It is evident that Ms Butt was confused as to the rule concerning the use of reins together with whip. This is clearly so, as she knew her earlier drive was being considered by the Stipendiary Stewards and she was endeavouring to drive within the Rules.
The Committee sees no reason to adjust the starting point of 3 days up or down. The fact this was a 2nd breach after the respondent was told her actions in a previous race were in question is balanced by the fact the breach is low end.
There is a need to stand back and view the respondent’s actions on the night over the 2 races in question. There is also a need to factor in that Ms Butt is a junior driver, albeit an experienced one, and to assess the need to hold her accountable and ensure the integrity of rules and harness racing are upheld. Viewing the totality of her actions, the Committee is satisfied an overall penalty of 5 days’ suspension for the 2 breaches is a sufficient penalty.
penalty:
Ms Butt is suspended for the breach in race 11 for 3 days commencing on the expiry of the earlier suspension. She is thus suspended from the end of racing on 11 June up to and including 18 June. This is Forbury Park 15 June, Addington 16 June, and Oamaru 18 June.
Ms Butt needs to be aware that with now 3 breaches of the excessive use of the whip rule on her record, she faces the real risk that should she breach this rule again she could spend a significant period of time on the sideline.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr Tidmarsh - Stipendiary Steward
JockeysandTrainer: Ms K Butt - Junior Horsewoman and driver of ZAKSPATROL
Otherperson: Mr J Cox - Open Horseman, assisting Ms Butt
PersonPresent:
Respondent:
StipendSteward:
raceid: b43e3a6a6d67a602334e8d3b2a8f19f2
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
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meetdate: 01/06/2017
meet_title: Forbury Park TC - 1 June 2017
meet_expappcomment:
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meet_racingtype: harness-racing
meet_chair: GHall
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name: Forbury Park TC