Franklin TC 19 June 2015 – R 6
ID: JCA17011
Meet Title:
Franklin TC - 19 June 2015
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2015/06/19
Race Number:
R6
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account the Committee imposes a $250 fine on Mr Butcher.
Facts:
This charge arises from the running of race number 6 the Franklin Long Roofing LTD Handicap Trot 2700m. The information alleged that Mr B Butcher “drove carelessly entering the first turn by shifting his horse inwards when not sufficiently clear which resulted in MAKAREWA JAKE being tightened down over a marker peg with that runner breaking and losing ground ”.
Mr Butcher endorsed the information “I do admit the breach of the rule”. He was assisted at the hearing by Senior Horseman Mr P Ferguson.
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that shortly after the start of the race near the first turn, Mr Butcher driving DJOKOVIC crossed over to the lead and on his inside was MAKAREWA JAKE. In doing so DJOKOVIC did not get clear of MAKAREWA JAKE causing that horse to hit a market peg and break losing 6 to 8 lengths.
Mr Butcher told the Committee that he thought he had given MAKAREWA JAKE sufficient room when racing into the first bend. By way of explanation he said that DJOKOVIC had a tendency to run in on the bends. He said that he ran in on the first bend and continued throughout the race.
On Mr Butcher’s behalf, Mr Ferguson advised the Committee that Mr Butcher did attempt to take corrective action but DJOKOVIC did not respond well.
Submissions for Penalty:
Mr Muirhead submitted the breach was at the lower end of the scale and Mr Butcher had a clear record. He said that Mr Butcher ought to be given credit for his admission of the breach and also for taking corrective action, albeit it was too late. Mr Muirhead noted that the JCA Guidelines established a starting point of $500 or 10 drives for a breach of this rule, but he urged the Committee to impose a much lesser penalty.
Mr Ferguson said he agreed with Mr Muirhead's submissions and also added that the Committee should take into account that Mr Butcher is a junior driver who will learn from his mistakes.
Reasons for Penalty:
In assessing penalty the Committee has taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500 which is an increase of 2 drives and $100 as of 1 May 2015.
The Committee has taken into account Mr Butcher's very good record and his admission of the breach. We have assessed the breach to be at the lower end of the scale and note that Mr Butcher did take belated corrective action. However, this must be balanced against the fact that MAKAREWA JAKE was checked and lost 8 lengths as a consequence of Mr Butcher’s actions.
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: c0f743d0badb27636039054da54fee29
informantnumber: A7420
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 20/06/2015
hearing_title: Franklin TC 19 June 2015 - R 6
charge:
facts:
This charge arises from the running of race number 6 the Franklin Long Roofing LTD Handicap Trot 2700m. The information alleged that Mr B Butcher “drove carelessly entering the first turn by shifting his horse inwards when not sufficiently clear which resulted in MAKAREWA JAKE being tightened down over a marker peg with that runner breaking and losing ground ”.
Mr Butcher endorsed the information “I do admit the breach of the rule”. He was assisted at the hearing by Senior Horseman Mr P Ferguson.
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that shortly after the start of the race near the first turn, Mr Butcher driving DJOKOVIC crossed over to the lead and on his inside was MAKAREWA JAKE. In doing so DJOKOVIC did not get clear of MAKAREWA JAKE causing that horse to hit a market peg and break losing 6 to 8 lengths.
Mr Butcher told the Committee that he thought he had given MAKAREWA JAKE sufficient room when racing into the first bend. By way of explanation he said that DJOKOVIC had a tendency to run in on the bends. He said that he ran in on the first bend and continued throughout the race.
On Mr Butcher’s behalf, Mr Ferguson advised the Committee that Mr Butcher did attempt to take corrective action but DJOKOVIC did not respond well.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted the breach was at the lower end of the scale and Mr Butcher had a clear record. He said that Mr Butcher ought to be given credit for his admission of the breach and also for taking corrective action, albeit it was too late. Mr Muirhead noted that the JCA Guidelines established a starting point of $500 or 10 drives for a breach of this rule, but he urged the Committee to impose a much lesser penalty.
Mr Ferguson said he agreed with Mr Muirhead's submissions and also added that the Committee should take into account that Mr Butcher is a junior driver who will learn from his mistakes.
reasonsforpenalty:
In assessing penalty the Committee has taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500 which is an increase of 2 drives and $100 as of 1 May 2015.
The Committee has taken into account Mr Butcher's very good record and his admission of the breach. We have assessed the breach to be at the lower end of the scale and note that Mr Butcher did take belated corrective action. However, this must be balanced against the fact that MAKAREWA JAKE was checked and lost 8 lengths as a consequence of Mr Butcher’s actions.
penalty:
Having taken all matters into account the Committee imposes a $250 fine on Mr Butcher.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead- Stipendiary Steward
JockeysandTrainer: Mr B Butcher- Junior Horseman
Otherperson: Mr P Ferguson - Senior Horseman assisting Mr Butcher
PersonPresent:
Respondent:
StipendSteward:
raceid: 8193f2bd3d62c8482c188f6f81a87873
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 050aeb9b3e4dd0f0d74a8a60b1b0f02f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/06/2015
meet_title: Franklin TC - 19 June 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Franklin TC