Forbury Park TC 22 June 2017 – R 7 – Chair, Prof G Hall
ID: JCA12683
Meet Title:
Forbury Park TC - 22 June 2017
Meet Chair:
GHall
Race Date:
2017/06/22
Race Number:
R 7
Decision:
As the breach is admitted, it is found to be proved.
Penalty:
Ms Butt is suspended from driving from the end of the meeting on 29 June up to and including 7 July. This is Addington 30 June and 7 July, Timaru 2 July and Forbury Park 6 July. The need for Ms Butt to further modify her whip action was discussed with her.
Facts:
Mr Wallis alleged that Ms K Butt (TAKITIMU EXPRESS) used her whip excessively over the final 400 metres of race 9, the PINELEA FARM SPRINT SERIES (HEAT 3) MOBILE PACE.
Mr Wallis demonstrated on the videos that Ms Butt used her whip 12 times from after the horse straightened for the run home. He said these were free of the rein although there was some breaking up of the use of the whip.
Ms Butt agreed with the count and said she had changed her action and was attempting to break up her strikes. She said he horse had finished second, just going down in the last few strides and that “the last couple were in desperation”. She also emphasised she had stopped using the whip once her horse had been headed close to the line.
Mr Cox, assisting Ms Butt, said the strikes were not quick-fire or repetitive. He said the respondent had reined the horse a few times.
Submissions for Penalty:
Mr Wallis produced Ms Butt’s record, which showed this was her first meeting back since being suspended previously at Forbury Park. It was her fourth breach within 6 months. He stated Ms Butt was a busy junior driver with 242 drives last season and 189 this season to date. 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 asked for 6 days’ suspension.
Ms Butt said she wanted to drive at Forbury and asked for a deferment of the suspension. She emphasised she was doing her level best to drive within the Rules.
Reasons for Penalty:
There are 12 strikes. Unlike the previous breaches, Ms Butt on this occasion has not used the whip with the reins continuously and failed to break up her whip action. She has used the whip free of the reins and has exceeded the allowable number by two. She clearly was attempting to break up her action.
The starting point is 3 days. There is no uplift, as the breach is low end. Having regard to the fact this is the fifth breach within six months and the third in a short period of time, the starting point is uplifted by 2 days.
Having regard to the respondent’s ready and open admission of the breach, her clear remorse and her junior driver status, the penalty is 4 days’ suspension.
JCA Decision Fields (raw)
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hearingid: 4910cb86fc00b454ff99f845f7816eee
informantnumber: A9565
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 26/06/2017
hearing_title: Forbury Park TC 22 June 2017 - R 7 - Chair, Prof G Hall
charge:
facts:
Mr Wallis alleged that Ms K Butt (TAKITIMU EXPRESS) used her whip excessively over the final 400 metres of race 9, the PINELEA FARM SPRINT SERIES (HEAT 3) MOBILE PACE.
Mr Wallis demonstrated on the videos that Ms Butt used her whip 12 times from after the horse straightened for the run home. He said these were free of the rein although there was some breaking up of the use of the whip.
Ms Butt agreed with the count and said she had changed her action and was attempting to break up her strikes. She said he horse had finished second, just going down in the last few strides and that “the last couple were in desperation”. She also emphasised she had stopped using the whip once her horse had been headed close to the line.
Mr Cox, assisting Ms Butt, said the strikes were not quick-fire or repetitive. He said the respondent had reined the horse a few times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach is admitted, it is found to be proved.
sumissionsforpenalty:
Mr Wallis produced Ms Butt’s record, which showed this was her first meeting back since being suspended previously at Forbury Park. It was her fourth breach within 6 months. He stated Ms Butt was a busy junior driver with 242 drives last season and 189 this season to date. 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 asked for 6 days’ suspension.
Ms Butt said she wanted to drive at Forbury and asked for a deferment of the suspension. She emphasised she was doing her level best to drive within the Rules.
reasonsforpenalty:
There are 12 strikes. Unlike the previous breaches, Ms Butt on this occasion has not used the whip with the reins continuously and failed to break up her whip action. She has used the whip free of the reins and has exceeded the allowable number by two. She clearly was attempting to break up her action.
The starting point is 3 days. There is no uplift, as the breach is low end. Having regard to the fact this is the fifth breach within six months and the third in a short period of time, the starting point is uplifted by 2 days.
Having regard to the respondent’s ready and open admission of the breach, her clear remorse and her junior driver status, the penalty is 4 days’ suspension.
penalty:
Ms Butt is suspended from driving from the end of the meeting on 29 June up to and including 7 July. This is Addington 30 June and 7 July, Timaru 2 July and Forbury Park 6 July. The need for Ms Butt to further modify her whip action was discussed with her.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Ms K Butt - Junior Horsewoman and driver of TAKIMUTU EXPRESS
Otherperson: Mr J Cox - Open Horseman assisting Ms Butt
PersonPresent:
Respondent:
StipendSteward:
raceid: c78a91de0b9bceec24c1d6ce9af0c95c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0aecb96c707cb3a576bf089d00e8cf2b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/06/2017
meet_title: Forbury Park TC - 22 June 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC