Archive Decision

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Forbury Park TC 17 July 2014 – R 9

ID: JCA15329

Applicant:
Mr C Allison Stipendiary Steward

Respondent(s):
Ms K Butt, Junior Horsewoman

Other Person:
Mr J Cox, Senior Horseman, supporting Ms Butt

Information Number:
A1744

Hearing Type:
Hearing

New Charge:
careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 17 July 2014

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2014/07/17

Race Number:
R9

Decision:

Ms Butt has admitted the breach. We find the breach proved.

Penalty:

We fine Ms Butt the sum of $200 and remind her of her professional obligations.

Facts:

Mr Allison, Stipendiary Steward, alleged that with approximately 300 metres to run in race 9, the RICOH HANDICAP PACE, Ms Butt (SPEEDY IDEAL) shifted ground outwards when there was insufficient room causing SPEEDY IDEAL to stumble.

Mr Allison had Mr Davidson, Stipendiary Steward, demonstrate the relative position of the horses on the videos. He pointed out that with 300 metres to race SPEEDY IDEAL was racing 3 back on the inner when Ms Butt attempted to improve to the outside of Mr May. Mr D Dunn was forward of and to the outside of Ms Butt.

Mr Allison stated that when Ms Butt shifted outwards there was insufficient room and she came into contact with Mr Dunn who was racing to the outside of Mr May. SPEEDY IDEAL stumbled before picking itself up and running on.

Ms Butt stated that she believed there was a small gap between Mr May and Mr Dunn into which she could improve. She said Mr Dunn’s horse was laying in slightly and she had thought there was room. Mr Cox supported this contention. Ms Butt acknowledged that the off foreleg of her horse had come into contact with the cart of Mr Dunn.

Mr Allison replied that when spoken to by the stewards Mr Dunn had said there was insufficient room for Ms Butt and when he saw her move out he tried to give her more room but he had difficulty in pulling his horse out.

Submissions for Penalty:

Mr Allison described the breach as being at the lower end. It was simply a misjudgement by Ms Butt. He produced Ms Butt’s record, which was clear under this Rule. He submitted a fine at the lower end of the scale was appropriate.

Ms Butt did not disagree with Mr Allison’s submission and Mr Cox emphasised that the respondent was a junior driver and had admitted the breach.

Reasons for Penalty:

We find that the breach is towards the lower end of the scale of careless driving. The only horse affected by the respondent’s actions was her own, which stumbled and almost fell after making contact with Mr Dunn’s cart, before regaining its balance and running on. We take a starting point of $400 and give a $100 discount for each of the mitigating factors of Ms Butt’s very good record, this being her first breach of this rule in over 100 drives, and her admission of 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: 84c1c6905ffa510132b86abc660cc520


informantnumber: A1744


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 03/07/2014


hearing_title: Forbury Park TC 17 July 2014 - R 9


charge:


facts:

Mr Allison, Stipendiary Steward, alleged that with approximately 300 metres to run in race 9, the RICOH HANDICAP PACE, Ms Butt (SPEEDY IDEAL) shifted ground outwards when there was insufficient room causing SPEEDY IDEAL to stumble.

Mr Allison had Mr Davidson, Stipendiary Steward, demonstrate the relative position of the horses on the videos. He pointed out that with 300 metres to race SPEEDY IDEAL was racing 3 back on the inner when Ms Butt attempted to improve to the outside of Mr May. Mr D Dunn was forward of and to the outside of Ms Butt.

Mr Allison stated that when Ms Butt shifted outwards there was insufficient room and she came into contact with Mr Dunn who was racing to the outside of Mr May. SPEEDY IDEAL stumbled before picking itself up and running on.

Ms Butt stated that she believed there was a small gap between Mr May and Mr Dunn into which she could improve. She said Mr Dunn’s horse was laying in slightly and she had thought there was room. Mr Cox supported this contention. Ms Butt acknowledged that the off foreleg of her horse had come into contact with the cart of Mr Dunn.

Mr Allison replied that when spoken to by the stewards Mr Dunn had said there was insufficient room for Ms Butt and when he saw her move out he tried to give her more room but he had difficulty in pulling his horse out.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Butt has admitted the breach. We find the breach proved.


sumissionsforpenalty:

Mr Allison described the breach as being at the lower end. It was simply a misjudgement by Ms Butt. He produced Ms Butt’s record, which was clear under this Rule. He submitted a fine at the lower end of the scale was appropriate.

Ms Butt did not disagree with Mr Allison’s submission and Mr Cox emphasised that the respondent was a junior driver and had admitted the breach.


reasonsforpenalty:

We find that the breach is towards the lower end of the scale of careless driving. The only horse affected by the respondent’s actions was her own, which stumbled and almost fell after making contact with Mr Dunn’s cart, before regaining its balance and running on. We take a starting point of $400 and give a $100 discount for each of the mitigating factors of Ms Butt’s very good record, this being her first breach of this rule in over 100 drives, and her admission of the breach.


penalty:

We fine Ms Butt the sum of $200 and remind her of her professional obligations.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C Allison Stipendiary Steward


JockeysandTrainer: Ms K Butt, Junior Horsewoman


Otherperson: Mr J Cox, Senior Horseman, supporting Ms Butt


PersonPresent:


Respondent:


StipendSteward:


raceid: 50d7e49dd3c62665564bc7b3ba12b700


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d3c6ec1cc7b4af71c1118a91a9ae5251


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/07/2014


meet_title: Forbury Park TC - 17 July 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC