Archive Decision

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Manawatu HRC 24 February 2011 – R 4

ID: JCA17275

Applicant:
T Taumanu

Respondent(s):
SE Butcher - represented by P Ferguson

Other Person:
P Ferguson

Information Number:
69105

Hearing Type:
Hearing

Rules:
863 (3)

Plea:
admitted

Meet Title:
Manawatu HRC - 24 February 2011

Meet Chair:
TCastles

Meet Committee Member 1:
NMcCutcheon

Race Date:
2011/02/24

Race Number:
R4

Decision:

The charge was found proved.

Penalty:

Mr Butcher you are suspended from race driving from the conclusion of racing today, the 24th of February, until the completion of racing on the 16th of March (3 weeks).

Charge:

Alledged breach of rule 863 (3).

Facts:

Mr S E Butcher admitted a breach of rule 863 (3) in that he failed to drive his horse out over the concluding stages when he had a reasonable chance of finishing 3rd.

Submissions for Decision:

Mr Taumanu using the available films pointed out that when running 3rd approximately 30 metres from the line he turned his whip inwards after having struck his drive (Cheval De Triomphe) about four times in the run to the line. The margins between 3rd and 4th were a short neck.

Mr Ferguson told the committee he felt it was an error of judgement on Mr Butchers part. By turning the whip inwards he allowed the horse on his outside get up for 3rd. Mr Butcher was, he believed, learning his trade and this would be a lesson to him.

Reasons for Decision:

The films clearly showed Mr Butcher turning his whip inwards when just short of the line.

Submissions for Penalty:

Mr Taumanu used the JCA penalty guide to give an indication of his belief where the penalty should sit. He indicated that originally his thinking was in the vicinity of a $500 and a 4 week suspension, however on reflection he felt Mr Butcher’s record under this rule is good and his admittance of the breach should be taken into account. He was, Mr Taumanu said, a junior driver of promise and felt the incident was an error of judgement.

Mr Ferguson agreed it was an error of judgement and one from which Mr Butcher would learn. He felt a period of suspension was appropriate and asked on Mr Butcher’s behalf for any suspension to begin immediately. Mr Taumanu had no objection to that.

Reasons for Penalty:

Mr Butcher in coming to our decision to impose a period of suspension for this breach we have taken into account your admittance and your record. You indicated through Mr Ferguson it was an error of judgement and one you will learn from. However, the fact remains that your lack of vigour over that last 30 metres may have cost trifecta and place punters a considerable amount of monetary return.

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: f2c7071aa750475f1b82cb96f9ad8bab


informantnumber: 69105


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Manawatu HRC 24 February 2011 - R 4


charge:

Alledged breach of rule 863 (3).


facts:

Mr S E Butcher admitted a breach of rule 863 (3) in that he failed to drive his horse out over the concluding stages when he had a reasonable chance of finishing 3rd.


appealdecision:


isappeal:


submissionsfordecision:

Mr Taumanu using the available films pointed out that when running 3rd approximately 30 metres from the line he turned his whip inwards after having struck his drive (Cheval De Triomphe) about four times in the run to the line. The margins between 3rd and 4th were a short neck.

Mr Ferguson told the committee he felt it was an error of judgement on Mr Butchers part. By turning the whip inwards he allowed the horse on his outside get up for 3rd. Mr Butcher was, he believed, learning his trade and this would be a lesson to him.


reasonsfordecision:

The films clearly showed Mr Butcher turning his whip inwards when just short of the line.


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Taumanu used the JCA penalty guide to give an indication of his belief where the penalty should sit. He indicated that originally his thinking was in the vicinity of a $500 and a 4 week suspension, however on reflection he felt Mr Butcher’s record under this rule is good and his admittance of the breach should be taken into account. He was, Mr Taumanu said, a junior driver of promise and felt the incident was an error of judgement.

Mr Ferguson agreed it was an error of judgement and one from which Mr Butcher would learn. He felt a period of suspension was appropriate and asked on Mr Butcher’s behalf for any suspension to begin immediately. Mr Taumanu had no objection to that.


reasonsforpenalty:

Mr Butcher in coming to our decision to impose a period of suspension for this breach we have taken into account your admittance and your record. You indicated through Mr Ferguson it was an error of judgement and one you will learn from. However, the fact remains that your lack of vigour over that last 30 metres may have cost trifecta and place punters a considerable amount of monetary return.


penalty:

Mr Butcher you are suspended from race driving from the conclusion of racing today, the 24th of February, until the completion of racing on the 16th of March (3 weeks).


hearing_type: Hearing


Rules: 863 (3)


Informant: T Taumanu


JockeysandTrainer: SE Butcher - represented by P Ferguson


Otherperson: P Ferguson


PersonPresent:


Respondent:


StipendSteward:


raceid: 3079301195735533264a8303021d5cf1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3b87bbb81ec5825e2aa5c60c5c2660d1


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/02/2011


meet_title: Manawatu HRC - 24 February 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TCastles", "Member": "", "OtherExpenses": "0", "KMs": "206", "Total": "127.72", "kmprice": 127.72, "Approved": "on"}]


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: TCastles


meet_pm1: NMcCutcheon


meet_pm2: none


name: Manawatu HRC