NZ Metro TC 10 November 2020 – R 3 – Chair, Mr R McKenzie
ID: JCA11467
Meet Title:
NZ Metro TC - 10 November 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/11/10
Race Number:
R3
Decision:
Mr Butt having admitted the breach, the charge is found proved.
Penalty:
Mr Butt is fined the sum of $200.
Facts:
Following the running of Race 3, Hydroflow Handicap Trot, an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R J Butt, alleging that Mr Butt, as the driver of ANDOVERLOV in the race, “forced JIMMY CARTER (M J Williamson) to race wider on the track near the 1300 metres”.
Mr Butt had signed the Statement by the Respondent on the Information form indicating that he admitted the charge. Mr Ydgren told the Committee that Mr Butt had asked to be excused from attending the hearing as he had driving engagements in all races except one through Race 11. In the interests of avoiding a possible backlog of hearings later in the day and because the breach was a minor one, the Committee excused Mr Butt’s attendance at the hearing.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Ydgren showed available video replays of the incident, with approximately 1300 metres to run. He pointed out that, just prior the winning post, ANDOVERLOV, driven by Mr Butt, was racing four places back in the one out line. SIOUX PRINCESS (S J Ottley) improved quickly 3-wide past ANDOVERLOV and was followed by JIMMY CARTER (M J Williamson). Mr Ydgren said that Mr Butt noticed Miss Ottley coming “marginally too late”. He attempted to come out but changed his mind and then attempted to follow her but, in the meantime, Mr Williamson had progressed to outside Mr Butt’s wheel. PHOEBE ONYX, on the inside of Mr Butt, had taken up the space left by Mr Butt and, as a result, Mr Williamson was forced to race 4-wide for some distance. It was difficult to assess the consequences, if any, to Mr Williamson’s runner because of an incident that took place some 500 metres later, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren said that Mr Butt has a clear record. Prior to today, he has had 92 drives this season – he is driving a lot, he said.
Mr Ydgren referred to the Penalty Guide starting point for a breach of the rule of a $250 fine. Stewards were submitting that a fine was appropriate in this case. There was little reason to deviate from that figure, Mr Ydgren submitted. Mitigating factors were Mr Butt’s good record and his admission of the breach.
Reasons for Penalty:
This breach is in the category of low-range in the view of the Committee. Mr Williamson was forced to race 4-wide for approximately 100 metres, but we are not satisfied that the chances of his runner were affected.
The Committee acknowledges that factor, together with Mr Butt’s good record and his admission of the breach.
We take the Penalty Guide starting point of a $250 fine and discount that figure for the mitigating factors referred to.
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: 20e9f9775612b38c41744595abf9446e
informantnumber: A12383
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 13/11/2020
hearing_title: NZ Metro TC 10 November 2020 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Hydroflow Handicap Trot, an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R J Butt, alleging that Mr Butt, as the driver of ANDOVERLOV in the race, “forced JIMMY CARTER (M J Williamson) to race wider on the track near the 1300 metres”.
Mr Butt had signed the Statement by the Respondent on the Information form indicating that he admitted the charge. Mr Ydgren told the Committee that Mr Butt had asked to be excused from attending the hearing as he had driving engagements in all races except one through Race 11. In the interests of avoiding a possible backlog of hearings later in the day and because the breach was a minor one, the Committee excused Mr Butt’s attendance at the hearing.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Ydgren showed available video replays of the incident, with approximately 1300 metres to run. He pointed out that, just prior the winning post, ANDOVERLOV, driven by Mr Butt, was racing four places back in the one out line. SIOUX PRINCESS (S J Ottley) improved quickly 3-wide past ANDOVERLOV and was followed by JIMMY CARTER (M J Williamson). Mr Ydgren said that Mr Butt noticed Miss Ottley coming “marginally too late”. He attempted to come out but changed his mind and then attempted to follow her but, in the meantime, Mr Williamson had progressed to outside Mr Butt’s wheel. PHOEBE ONYX, on the inside of Mr Butt, had taken up the space left by Mr Butt and, as a result, Mr Williamson was forced to race 4-wide for some distance. It was difficult to assess the consequences, if any, to Mr Williamson’s runner because of an incident that took place some 500 metres later, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Ydgren said that Mr Butt has a clear record. Prior to today, he has had 92 drives this season – he is driving a lot, he said.
Mr Ydgren referred to the Penalty Guide starting point for a breach of the rule of a $250 fine. Stewards were submitting that a fine was appropriate in this case. There was little reason to deviate from that figure, Mr Ydgren submitted. Mitigating factors were Mr Butt’s good record and his admission of the breach.
reasonsforpenalty:
This breach is in the category of low-range in the view of the Committee. Mr Williamson was forced to race 4-wide for approximately 100 metres, but we are not satisfied that the chances of his runner were affected.
The Committee acknowledges that factor, together with Mr Butt’s good record and his admission of the breach.
We take the Penalty Guide starting point of a $250 fine and discount that figure for the mitigating factors referred to.
penalty:
Mr Butt is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)&(6)(b)&(c)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: R J Butt, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a45f3a0728ce27124a58cc71b9b193d8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5195d1040aafbedab4facd2ef31d2913
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2020
meet_title: NZ Metro TC - 10 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC