Non Raceday Inquiry RIU v Z Butcher – Decision dated 23 November 2015 – Chair, Mr D Jackson

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hearing_title: Non Raceday Inquiry RIU v Z Butcher - Decision dated 23 November 2015 - Chair, Mr D Jackson

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Decision:

JUDICIAL CONTROL AUTHORITY

NON RACEDAY INQUIRY

21 NOVEMBER 2015

Rules:

Careless driving and leaving the racecourse without permission

Committee:

D Jackson (Chair), P Knowles (Committee Member)

Name:

Mr Z Butcher – Horseman

Informant:

Mr N Ydgren – Stipendiary Steward

Information no’s:

A6735 and A6738

Pleas:

Admitted

Charges:

Rules 869(3)(b) and 507B

During the running of Race 11, the Woodlands New Zealand Free For All, Mr Z Butcher, Open Horseman, is alleged to have driven carelessly by causing ‘Sky Major’ to strike the wheel of ‘Mossdale Conner’ near the 275m and further that Mr Z Butcher left the racecourse without the permission of the stewards prior to the 15 minute period.

Rule 869(3)(b) states that:

(3) no horseman in any race shall drive …

(b) carelessly

and Rule 507B provides:

“Every horseman shall remain on the racecourse for a period of 15 minutes after each race in which he … has driven unless permission has otherwise been given by a Stipendiary Steward”.

Careless driving evidence:

Mr Z Butcher admitted the breaches by countersigning the informations and made written submissions via his representative Mr R Lawson. Neither Mr Ydgren nor Messrs Z Butcher or Lawson appeared at the hearing which took place at Timaru on 21 November 2015. The hearing proceeded on the papers but for the viewing of the race video.

Mr Renault, on behalf of Mr Ydgren, showed the relevant positions of ‘Sky Major’ and ‘Mossdale Conner’. ‘Sky Major’ was trailing the leading horse ‘Mossdale Conner’ through the turn and into the home straight. At approximately the 275m mark there is evidence of ‘Sky Major’s’ striking the left sulky wheel of ‘Mossdale Conner’ driven by Mr R May on one occasion, which on the video evidence prompted Mr May to look down at his left tyre. Mr May reported to Stewards after the race that he had suffered a punctured tyre as a result. ‘Mossdale Conner’ led until one or two metres short of the winning post when it was run down and beaten by a nose by ‘Tiger Tara’. ‘Sky Major’ finished fourth.

Decision:

The charge was admitted and the committee was satisfied on the video evidence that Mr Z Butcher had caused his horse ‘Sky Major’ to contact the sulky wheel of ‘Mossdale Conner’ and the charge was found proven.

Submissions for penalty:

Both Mr Ydgren and Mr Lawson filed detailed written submissions in advance of the hearing for which the committee is grateful. In summary, Mr Ydgren submits that Mr Z Butcher ought to be suspended from driving for a period of three to four days, as a starting point, having regard to the fact that this was a major race, that ‘Mossdale Conner’s’ chances of winning were affected, and having regard to the newly introduced penalty guidelines.

Mr Lawson submits on behalf of Mr Z Butcher that he be suspended for three days but then goes on to submit that due to Mr Z Butcher’s extensive commitments, including invitational driving commitments said to be for the benefit of the promotion of the industry as a whole, that Mr Z Butcher ought to be suspended either for two days together with a modest fine or alternatively that any suspension imposed avoids his invitational commitments at Invercargill and Oamaru in the coming weeks.

Messrs Lawson and Ydgren are agreed that this is low level careless driving.

Reasons for penalty:

The committee views this breach as being at the lowest level of careless driving. Given the performance of ‘Mossdale Conner’ in the final 250m of the race, it is not clear that that horse demonstrably suffered as a result of the flat tyre. It cannot be said that the horse would have won the race but for the flat tyre. On the contrary, after the interference ‘Mossdale Conner’ appeared to continue on with a strong run and was only beaten within metres of the winning post by a fast finishing ‘Tiger Tara’. The margin was a nose.

The race was run at a 1-54.6 mile rate which informs the committee that it was a hard run race especially for ‘Mossdale Conner’ who led for a major portion of it. ‘Mossdale Conner’s’ being beaten a nose is consistent with it having run a hard race and tiring towards the end of it.

What is clear from the video is that the incident itself was minor, that Mr Z Butcher was looking for the passing lane entering the home straight and appears to have knocked down at least one of the pylons before entering the opening to the passing lane, whilst holding his trailing position behind ‘Mossdale Conner’.

Ordinarily, having regard to the penalties imposed under this Rule across the last year or so, careless driving such as this would attract a modest fine. Reference has been made to the new guidelines which call for a suspension as a starting point primarily on the basis that this was careless driving during a major race.

However, the committee is of the view that to suspend Mr Z Butcher for this careless driving would be a disproportionate response to his actual culpability and taking into account the overall circumstances, Mr Butcher’s very good record and the practical difficulties in suspending him as outlined by Mr Lawson on his behalf the committee is of the view that he can be dealt with by way of fine.

Accordingly, the committee has determined to fine Mr Z Butcher $800 rather than impose any suspension. The level of fine is high and deliberately so having regard to the factors referred to in the penalty guidelines.

Penalty:

Mr Z Butcher is fined $800 for careless driving.

Leaving the racecourse without permission

Evidence:

The committee received no evidence regarding this charge but it was admitted by Mr Z Butcher that he left the racecourse prior to the expiry of the 15 minute period provided for in Rule 507B.

Both Mr Ydgren and Mr Lawson provide extensive evidence of what occurred through their submissions which the committee has largely disregarded because the place for evidence is at a hearing before the committee and not in written submissions filed.

The simple fact is that Mr Z Butcher left the racecourse without the permission of the Stipendiary Stewards. Mr Z Butcher had commitments to drive in Auckland that evening and preferred those commitments to his obligations under the Rules of Harness Racing to remain for what is a relatively short period following his last engagement.

It may be, as Mr Lawson observes, that this charge is rarely used but that would suggest that its rare employment is because most horseman observe the rule, rather than ignore it as Mr Z Butcher did here. Mr Z Butcher chose to leave. That was his decision in circumstances where he knew his obligations full well. He will be fined $200.

Penalty:

Mr Z Butcher is fined $200 for leaving the racecourse without permission.

Mr D Jackson                  Mr P Knowles

Chair                              Committee Member

23 November 2015

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