Forbury Park TC 30 May 2019 – R 7 (heard 2 June 2019 at Ashburton) – Chair, Mr R G McKenzie

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startdate: 30/05/2019

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hearing_title: Forbury Park TC 30 May 2019 - R 7 (heard 2 June 2019 at Ashburton) - Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault, Stipendiary Steward

Defendant: K A Butt, Licensed Junior Driver

Information No: A11415

Meeting: Forbury Park Trotting Club

Date: 30 May 2019

Venue: Forbury Park Raceway, Dunedin

Race: 7

Rule No: 869 (2) & Use of the Whip Regulations

Judicial Committee: R G McKenzie, Chairman / G J Clapp, Panellist

Plea: Admitted

FACTS:

Following the running of Race 7, Dunedin City Motors Junior Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Ms K A Butt, alleging that Ms Butt, as the driver of I’M JIMMY JAMES in the race, “used her whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.

Ms Butt had left the course and the information was filed with the Judicial Committee and adjourned sine die. It was served on Ms Butt at the meeting of Ashburton TC on 2nd June and heard on that day. Ms Butt had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She also indicated on the information form that she did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

SUBMISSIONS:

Mr Renault explained, at the outset of the hearing, that Ms Butt had viewed the video replay with Licensed Open Horseman, Mr J W Cox, before entering a plea to the charge. Both Ms Butt and Mr Cox accepted the alleged count of 11 strikes, he said.

Mr Renault then showed a video replay of the final 400 metres of the race He pointed out I’M JIMMY JAMES, driven by Ms Butt, racing in the last few and about to improve wide around the field. It was the widest runner as the field turned into the final straight. Ms Butt used her whip on eleven occasions inside the final 400 metres, as stated, from the turn to the finishing line. I’M JIMMY JAMES finished well to finish in 4th placing.

DECISION:

Ms Butt having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Renault told the Committee that Ms Butt has had 225 drives this season and he described her as “busy driver”. Ms Butt has a previous breach on her record – on 30 November 2018 at NZ Metropolitan TC (suspended 3 days). The 6 months reset period therefore applies and Ms Butt is deemed to have a clear record.

Stewards were, therefore, seeking a fine of $200 being the penalty prescribed in the Regulations for a first offence breach, which this is deemed to be, involving a number of strikes in the range of 11-13.

REASONS FOR PENALTY:

The penalty is prescribed in the Regulations for a first breach in the range of 11-13 strikes as a fine of $200. In this case, there were no aggravating or mitigating factors requiring an uplift or a discount. The Regulations call for a fine of $200 for this breach.

PENALTY:

Ms Butt is fined the sum of $200.

R G McKenzie      G J Clapp

CHAIRMAN          PANELLIST

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hearing_type: Old Hearing

Rules: 869(2) & Use of the Whip Regulations

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