Nelson HRC – 10 June 2007 –

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hearing_racingtype: harness-racing

startdate: 10/06/2007

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hearing_title: Nelson HRC - 10 June 2007 -

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Following the running of race eight on the programme, an Information was lodged against Mr D Butt, the driver of Smooth Louie, alleging a breach of Rule 857(7)(g), in that, in respect to the mobile start, he failed to come into or maintain its position of 8 on the front line.

Following the running of race eight on the programme, an Information was lodged against Mr D Butt, the driver of Smooth Louie, alleging a breach of Rule 857(7)(g), in that, in respect to the mobile start, he failed to come into or maintain its position of 8 on the front line, being at least approximately 2 lengths back.

Mr Butt admitted the breach.

Explaining the circumstances, stipendiary steward Mr Taumanu said that, as the horses were proceeding down to the mobile start, Mr Butt's horse, Smooth Louie had drawn 8 on the front line. He was back off the gate and was told by starter, Mr Mulcahy, to get his horse up on to the gate. However, from his view of the start, Mr Taumanu said he could not see any movement of Mr Butt's hands or whip to make any effort to get the horse up to the gate.

He said the stipendiary stewards have been conscious of horsemen keeping their horse off the gate, and they could see no reason why Mr Butt could not maintain his position up on the gate.

Regarding penalty, he explained that Mr Butt had a similar charge, but that was in August 2006 when the penalty was $100.00, and he recommended a penalty in this case in the order of $200.00.

Mr Butt, in his submissions, said his horse was just flat and he couldn?t see any point in hitting the horse when he was flat. He said there was no advantage in his staying off the gate, but he did note there were also other horses that weren?t on the gate as well.

In respect to penalty, other than indicating he had had many drives since his last offence, Mr Butt had no submissions to make.

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In this case, Mr Butt appears on a breach of Rule 857(7)(g) in that, as the driver of Smooth Louie, he failed to come into or maintain his position at 8 on the front line of the mobile start, being at least 2 lengths back.

The situation has been explained by the stipendiary stewards and Mr Butt has acknowledged the breach, and he is to be given some credit for that. His explanation was that he had no reason not to be on the gate, but his horse was flat.

The stipendiary stewards have recommended a penalty and referred to a previous breach by Mr Butt but that was back in August last year and I will pay little regard to that in this case. Based on the range of penalty for such a breach, and taking his admission, and this being his first breach for some time, into account, Mr Butt is fined the sum of $150.00.

P H Welch

Chairman

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Rules: 857.7.g

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