Manukau TC 22 July 2012 – R 1
ID: JCA17608
Meet Title:
Manukau TC - 22 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
JHolloway
Race Date:
2012/07/22
Race Number:
R 1
Decision:
The Committee finds the breach proved.
Penalty:
Having taken all matters into account we impose a penalty of $150.
Charge:
The information alleged that “S Butcher used his whip excessively driving Ralph over the concluding stages”.
Mr Butcher endorsed the information “I do not admit the breach”. He attended the hearing and was supported by Mr D Butcher in an advisory capacity.
Facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Mr S Butcher, whilst driving the 4th placed horse Ralph, used his whip excessively by striking his drive 18 times between the straight entrance and the winning post. He said that early in the home straight he used his whip 4 times, then paused. He then continuously used his whip a further 14 times.
Mr Muirhead read out the use of whip rule [R 869 (2) (a)], which provide that:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Muirhead also referred to the use of whip guidelines and in particular drew the Committee's attention to the following directive issued on 1 June 2009 by the then Chief Stipendiary Steward (Mr N R Escott) to all industry participants:
“It shall not be a defence to a charge for excessive use of the whip by claiming that you are in a stake bearing place. All drivers are bound to drive within the provisions of the rules”.
Submissions for Decision:
Under cross examination, Mr Butcher asked Mr Muirhead whether 14 strikes was excessive. Mr Muirhead responded that in his view 14 strikes was excessive. Mr Butcher then asked Mr Muirhead for his opinion on the degree of force used and Mr Muirhead responded by saying the actual force does not matter.
Mr Butcher then asked Mr Muirhead to rate the force on a scale of 1 to 10. Mr Muirhead said that he was reluctant to rate the force, but conceded that it was at the low end.
Mr Butcher told the Committee that he believed that his use of the whip was not excessive and that the Committee should consider the 4 and 14 strikes as separate incidents. He also told the Committee that he was in contention to finish either 2nd or 3rd and on that basis he continued to strike his horse.
In summing up Mr Muirhead submitted that it was the stewards' view that the use of the whip was excessive, particularly the 14 consecutive strikes on top of the 4 previous strikes, albeit there was a pause between the two.
In summing up Mr Butcher submitted that he did not believe that his use of the whip was excessive and the rules state that he must drive his horse out to the finish line. He also submitted that the Committee should note that Mr Muirhead conceded that the force used was at the low end.
Reasons for Decision:
The Committee independently assessed the evidence of both the Informant and Defendant. We also reviewed the video footage several times. We noted that the first 4 strikes were delivered in quick succession with a degree of force and following a brief pause the remaining 14 strikes were continuous but with less force.
The Committee rejects Mr Butcher’s contention that he was in a stake bearing position. The Directive regarding use of whip guidelines are clear on this point.
Submissions for Penalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or $300. He said that Mr Butcher has not previously breached this rule and submitted that the breach should be assessed as low-range.
Mr Butcher submitted that the breach was at the bottom end of the scale. He added that he was an Amateur Horseman and received no financial gain from race driving.
Reasons for Penalty:
The Committee assessed this breach as low end. In assessing penalty we have taken into account the penalty 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.
We acknowledge that as an Amateur Horseman, Mr Butcher receives no financial gain from race driving, but we recognise that he has an obligation to drive within the rules. We have also noted Mr Butcher’s good driving record.
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: f7abff7dabd8add0136f4906086af6dd
informantnumber: 2469
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/07/2012
hearing_title: Manukau TC 22 July 2012 - R 1
charge:
The information alleged that “S Butcher used his whip excessively driving Ralph over the concluding stages”.
Mr Butcher endorsed the information “I do not admit the breach”. He attended the hearing and was supported by Mr D Butcher in an advisory capacity.
facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Mr S Butcher, whilst driving the 4th placed horse Ralph, used his whip excessively by striking his drive 18 times between the straight entrance and the winning post. He said that early in the home straight he used his whip 4 times, then paused. He then continuously used his whip a further 14 times.
Mr Muirhead read out the use of whip rule [R 869 (2) (a)], which provide that:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Muirhead also referred to the use of whip guidelines and in particular drew the Committee's attention to the following directive issued on 1 June 2009 by the then Chief Stipendiary Steward (Mr N R Escott) to all industry participants:
“It shall not be a defence to a charge for excessive use of the whip by claiming that you are in a stake bearing place. All drivers are bound to drive within the provisions of the rules”.
appealdecision:
isappeal:
submissionsfordecision:
Under cross examination, Mr Butcher asked Mr Muirhead whether 14 strikes was excessive. Mr Muirhead responded that in his view 14 strikes was excessive. Mr Butcher then asked Mr Muirhead for his opinion on the degree of force used and Mr Muirhead responded by saying the actual force does not matter.
Mr Butcher then asked Mr Muirhead to rate the force on a scale of 1 to 10. Mr Muirhead said that he was reluctant to rate the force, but conceded that it was at the low end.
Mr Butcher told the Committee that he believed that his use of the whip was not excessive and that the Committee should consider the 4 and 14 strikes as separate incidents. He also told the Committee that he was in contention to finish either 2nd or 3rd and on that basis he continued to strike his horse.
In summing up Mr Muirhead submitted that it was the stewards' view that the use of the whip was excessive, particularly the 14 consecutive strikes on top of the 4 previous strikes, albeit there was a pause between the two.
In summing up Mr Butcher submitted that he did not believe that his use of the whip was excessive and the rules state that he must drive his horse out to the finish line. He also submitted that the Committee should note that Mr Muirhead conceded that the force used was at the low end.
reasonsfordecision:
The Committee independently assessed the evidence of both the Informant and Defendant. We also reviewed the video footage several times. We noted that the first 4 strikes were delivered in quick succession with a degree of force and following a brief pause the remaining 14 strikes were continuous but with less force.
The Committee rejects Mr Butcher’s contention that he was in a stake bearing position. The Directive regarding use of whip guidelines are clear on this point.
Decision:
The Committee finds the breach proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or $300. He said that Mr Butcher has not previously breached this rule and submitted that the breach should be assessed as low-range.
Mr Butcher submitted that the breach was at the bottom end of the scale. He added that he was an Amateur Horseman and received no financial gain from race driving.
reasonsforpenalty:
The Committee assessed this breach as low end. In assessing penalty we have taken into account the penalty 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.
We acknowledge that as an Amateur Horseman, Mr Butcher receives no financial gain from race driving, but we recognise that he has an obligation to drive within the rules. We have also noted Mr Butcher’s good driving record.
penalty:
Having taken all matters into account we impose a penalty of $150.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Butcher - Advanced Amateur Horseman, Mr D Butcher - Support/Advisor
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3aefbee0539de7b3d9c2f6c5b2a6d758
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a25cd8f88a495d2b86f3eceea9e9cf17
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2012
meet_title: Manukau TC - 22 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: JHolloway
meet_pm2: none
name: Manukau TC