HR Waikato 9 July 2015 – R 1 – Chair, Mr B Scott
ID: JCA14843
Meet Title:
Harness Racing Waikato - 9 July 2015
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2015/07/09
Race Number:
R1
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
The Committee orders that Mr Butcher is suspended from driving from the conclusion of racing on the 9th of July 2015 up to the conclusion of racing on the 6th of August 2015. That is estimated to be 3 drives.
Facts:
Following the running of the FANCY A DRIVE IN A DUAL SULKY AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Amateur Driver Mr S Butcher alleging that he failed to report that the Removeable Deafeners on his horse VIEWFIELD APACHE failed to activate.
Mr Butcher was present at the Hearing and advised the Committee that he admitted the breach.
Rule 864(3) provides: A horseman shall, if any of his horse's gear is broken, lost, damaged, not activated, tampered with or has malfunctioned during a race, on returning to the assembly area, report the matter to a Stipendiary Steward, forthwith.
Stipendiary Steward Mr JM Muirhead demonstrated the incident by use of the race films and showed Mr Butcher trying to activate the Removeable Deafeners in the latter part of the race but they did not function correctly.
Mr Butcher did not report this.
Mr Butcher said it was a silly error on his part. He said on his return to the assembly area he was questioned by Stipendiary Steward Mr B Jones and said he misunderstood Mr Jones' questions and didn't report the gear malfunction as he should have.
Submissions for Penalty:
Mr Muirhead said that this charge would normally be dealt with by way of a Minor Infringement Notice and the penalty would be a fine of $100.00. He said that Mr Butcher had indicated that he could not afford a fine and therefore asked for a suspension of his Drivers Licence.
He said that Mr Butcher had admitted the charge and he had a good record under this rule and he should be given credit for that. He said he still saw it as a penalty of $100.00 and any suspension should reflect that and should be for at least 2 drives.
Mr Butcher had nothing further to add.
Reasons for Penalty:
This is essentially a Minor Infringement and any penalty should reflect that. There are few opportunities for amateur drivers and any suspension needs to be long enough to be effective and a suspension of at least 3 drives would achieve this.
The Committee agrees to deal with this by suspension of Mr Butcher's Licence and this will be from the conclusion of racing tonight up to the conclusion of racing on the 6th of August 2015.
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: 82d603788776456ebc3b82d1f086aa64
informantnumber: A3676
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failure to report gear malfunction
plea: admitted
penaltyrequired: 1
decisiondate: 18/07/2015
hearing_title: HR Waikato 9 July 2015 - R 1 - Chair, Mr B Scott
charge:
facts:
Following the running of the FANCY A DRIVE IN A DUAL SULKY AMATEUR DRIVERS MOBILE PACE an Information was lodged by Stipendiary Steward Mr S Mulcay against Amateur Driver Mr S Butcher alleging that he failed to report that the Removeable Deafeners on his horse VIEWFIELD APACHE failed to activate.
Mr Butcher was present at the Hearing and advised the Committee that he admitted the breach.
Rule 864(3) provides: A horseman shall, if any of his horse's gear is broken, lost, damaged, not activated, tampered with or has malfunctioned during a race, on returning to the assembly area, report the matter to a Stipendiary Steward, forthwith.
Stipendiary Steward Mr JM Muirhead demonstrated the incident by use of the race films and showed Mr Butcher trying to activate the Removeable Deafeners in the latter part of the race but they did not function correctly.
Mr Butcher did not report this.
Mr Butcher said it was a silly error on his part. He said on his return to the assembly area he was questioned by Stipendiary Steward Mr B Jones and said he misunderstood Mr Jones' questions and didn't report the gear malfunction as he should have.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Muirhead said that this charge would normally be dealt with by way of a Minor Infringement Notice and the penalty would be a fine of $100.00. He said that Mr Butcher had indicated that he could not afford a fine and therefore asked for a suspension of his Drivers Licence.
He said that Mr Butcher had admitted the charge and he had a good record under this rule and he should be given credit for that. He said he still saw it as a penalty of $100.00 and any suspension should reflect that and should be for at least 2 drives.
Mr Butcher had nothing further to add.
reasonsforpenalty:
This is essentially a Minor Infringement and any penalty should reflect that. There are few opportunities for amateur drivers and any suspension needs to be long enough to be effective and a suspension of at least 3 drives would achieve this.
The Committee agrees to deal with this by suspension of Mr Butcher's Licence and this will be from the conclusion of racing tonight up to the conclusion of racing on the 6th of August 2015.
penalty:
The Committee orders that Mr Butcher is suspended from driving from the conclusion of racing on the 9th of July 2015 up to the conclusion of racing on the 6th of August 2015. That is estimated to be 3 drives.
hearing_type: Hearing
Rules: Rule 864(3)
Informant: Mr S Mulcay –Stipendiary Steward
JockeysandTrainer: Mr S Butcher - Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3853d534ef570dfd0928cfcb27805c8b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5920b932bf295f41de9a138bf50fdde1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/07/2015
meet_title: Harness Racing Waikato - 9 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato