NZ Metro TC 12 November 2013 – R 10
ID: JCA11078
Meet Title:
NZ Metro TC - 12 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/11/12
Race Number:
R10
Decision:
The charge was found proved.
Penalty:
Mr Butt was fined the sum of $450.
Facts:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A M Butt, alleging a breach of Rule 869 (7A) (c) in that Mr Butt, as the driver of MAH SISH in the race, “on the final turn shifted his horse MAH SISH down the track which caused FOUR STARZZZ FLASH (M J Williamson) to contact and race inside track markers”.
Mr Butt was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(7A) Every horseman who moves inwards shall ensure:
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
Submissions for Decision:
Mr McIntyre showed video replays of the relevant part of the race. He pointed out FOUR STARZZZ FLASH (M J Williamson) racing 4-back on the markers following CHRISTEN ME (D J Dunn) approaching the home turn. Outside of CHRISTEN ME was SLEEPY TRIPP (J R Dunn) and immediately behind that runner was MAH SISH, driven by Mr Butt. Mr Butt had his horse’s head angled inwards and, Mr McIntyre submitted, FOUR STARZZZ FLASH on the inside was striking pylons as a result of being forced inwards.
Mr Williamson said that he had been racing on the inside of MAH SISH and that, just prior to the turn, “it got tight”. That was the reason for his sulky wheel striking the track markers. Mr Williamson confirmed that Mr Butt had attempted to take a gap between SLEEPY TRIPP and CHRISTEN ME, where there was insufficient room. Mr Williamson, when questioned by Mr Butt, said that there initially was room for Mr Butt to improve into the gap but the gap narrowed and it got tight. Mr Williamson pointed this out on the video replay. Mr Williamson said that CHRISTEN ME was not fully out
Mr McIntyre alleged that Mr Butt had directed his horse inwards, probably, in an attempt to follow CHRISTEN ME, which was shifting away from the markers, which resulted in Mr Williamson “flattening” and going inside the markers.
Mr Butt referred to the video replays. He submitted that SLEEPY TRIPP was under pressure and CHRISTEN ME was travelling really well. The former was stopping and the latter was on his way out, easing out SLEEPY TRIPP, he submitted. There was more than sufficient room. SLEEPY TRIPP had raced erratically and the wider runners improving were also placing pressure on that runner. CHRISTEN ME was off the markers and, Mr Butt submitted, he was on his back. SLEEPY TRIPP had hung down on him causing him to place pressure on Mr Williamson. It was tight and there was no room for error, Mr Butt submitted.
In response, Mr McIntyre said that he believed that there was never a run for Mr Butt on the inside of SLEEPY TRIPP.
Reasons for Decision:
In this case, the Committee saw and heard a lot of evidence from both parties. We found Mr Williamson’s evidence to be quite compelling. That was to the effect that he had been forced over markers when Mr Butt shifted down the track and this was obvious to us from the video replays.
Mr Butt argued his case very strongly. His case, essentially, as we understood it, was that SLEEPY TRIPP was racing erratically and had placed pressure on him, forcing him in turn down on Mr Williamson, causing Mr Williamson to race inside the markers. However, we are not persuaded. We do not believe that SLEEPY TRIPP contributed to any extent in the tightening at the relevant point of the race. We are satisfied that Mr Butt angled his horse down, looking for a run on the inside of SLEEPY TRIPP. There was insufficient room for him to do so and the video replays clearly illustrated the consequences.
We are satisfied that the allegation in the information - that Mr Butt shifted MAH SISH down the track causing FOUR STARZZZ FLASH to contact and race inside track markers - has been proved.
Submissions for Penalty:
Mr McIntyre stated that Mr Butt is a senior horseman. He has not been in front of the Stewards under this Rule in the past 12 months. So far this season, he has had 72 drives and, in the 2012/2013 season, he had 249 drives.
Mr McIntyre referred to Rule 1124 (2) (a) and (b) – the status of the race and the stake payable – and the Penalty Guide which gives a recommended starting point of 6 drives or a $300 fine. The Stewards were seeking a fine in the vicinity of $500, Mr McIntyre said, or a suspension of 10 drives (2 days). He described the breach as being in the mid-range.
Mr Butt informed the Committee that he would prefer a fine. He had a drive in Australia on Saturday night, 16 November. He submitted that the incident was at the lower end of the scale as there were no consequences to his own or any other runner. He also asked the Committee to take into account his good record.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $300 fine as provided in the Penalty Guide. The Committee was satisfied that a monetary penalty was appropriate. There was a significant aggravating factor in this case – namely, the status of the race (Group 1) and the stake payable ($650,000). The race was the New Zealand Cup, the biggest race on the harness racing calendar. Having regard to this, the Committee increased the starting point to $500.
Mr Butt was entitled to a discount for his good record. The Committee assessed this at $50.
The breach was mid-range and there were no consequences to Mr Butt’s or any other runner. This is neither an aggravating nor a mitigating factor.
JCA Decision Fields (raw)
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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: 1bdf7712ac871064a26da4efb8b44376
informantnumber: A1564
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing another runner to contact track markers
plea: denied
penaltyrequired: 1
decisiondate: 06/11/2013
hearing_title: NZ Metro TC 12 November 2013 - R 10
charge:
facts:
Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup (Group 1), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A M Butt, alleging a breach of Rule 869 (7A) (c) in that Mr Butt, as the driver of MAH SISH in the race, “on the final turn shifted his horse MAH SISH down the track which caused FOUR STARZZZ FLASH (M J Williamson) to contact and race inside track markers”.
Mr Butt was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(7A) Every horseman who moves inwards shall ensure:
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed video replays of the relevant part of the race. He pointed out FOUR STARZZZ FLASH (M J Williamson) racing 4-back on the markers following CHRISTEN ME (D J Dunn) approaching the home turn. Outside of CHRISTEN ME was SLEEPY TRIPP (J R Dunn) and immediately behind that runner was MAH SISH, driven by Mr Butt. Mr Butt had his horse’s head angled inwards and, Mr McIntyre submitted, FOUR STARZZZ FLASH on the inside was striking pylons as a result of being forced inwards.
Mr Williamson said that he had been racing on the inside of MAH SISH and that, just prior to the turn, “it got tight”. That was the reason for his sulky wheel striking the track markers. Mr Williamson confirmed that Mr Butt had attempted to take a gap between SLEEPY TRIPP and CHRISTEN ME, where there was insufficient room. Mr Williamson, when questioned by Mr Butt, said that there initially was room for Mr Butt to improve into the gap but the gap narrowed and it got tight. Mr Williamson pointed this out on the video replay. Mr Williamson said that CHRISTEN ME was not fully out
Mr McIntyre alleged that Mr Butt had directed his horse inwards, probably, in an attempt to follow CHRISTEN ME, which was shifting away from the markers, which resulted in Mr Williamson “flattening” and going inside the markers.
Mr Butt referred to the video replays. He submitted that SLEEPY TRIPP was under pressure and CHRISTEN ME was travelling really well. The former was stopping and the latter was on his way out, easing out SLEEPY TRIPP, he submitted. There was more than sufficient room. SLEEPY TRIPP had raced erratically and the wider runners improving were also placing pressure on that runner. CHRISTEN ME was off the markers and, Mr Butt submitted, he was on his back. SLEEPY TRIPP had hung down on him causing him to place pressure on Mr Williamson. It was tight and there was no room for error, Mr Butt submitted.
In response, Mr McIntyre said that he believed that there was never a run for Mr Butt on the inside of SLEEPY TRIPP.
reasonsfordecision:
In this case, the Committee saw and heard a lot of evidence from both parties. We found Mr Williamson’s evidence to be quite compelling. That was to the effect that he had been forced over markers when Mr Butt shifted down the track and this was obvious to us from the video replays.
Mr Butt argued his case very strongly. His case, essentially, as we understood it, was that SLEEPY TRIPP was racing erratically and had placed pressure on him, forcing him in turn down on Mr Williamson, causing Mr Williamson to race inside the markers. However, we are not persuaded. We do not believe that SLEEPY TRIPP contributed to any extent in the tightening at the relevant point of the race. We are satisfied that Mr Butt angled his horse down, looking for a run on the inside of SLEEPY TRIPP. There was insufficient room for him to do so and the video replays clearly illustrated the consequences.
We are satisfied that the allegation in the information - that Mr Butt shifted MAH SISH down the track causing FOUR STARZZZ FLASH to contact and race inside track markers - has been proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McIntyre stated that Mr Butt is a senior horseman. He has not been in front of the Stewards under this Rule in the past 12 months. So far this season, he has had 72 drives and, in the 2012/2013 season, he had 249 drives.
Mr McIntyre referred to Rule 1124 (2) (a) and (b) – the status of the race and the stake payable – and the Penalty Guide which gives a recommended starting point of 6 drives or a $300 fine. The Stewards were seeking a fine in the vicinity of $500, Mr McIntyre said, or a suspension of 10 drives (2 days). He described the breach as being in the mid-range.
Mr Butt informed the Committee that he would prefer a fine. He had a drive in Australia on Saturday night, 16 November. He submitted that the incident was at the lower end of the scale as there were no consequences to his own or any other runner. He also asked the Committee to take into account his good record.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $300 fine as provided in the Penalty Guide. The Committee was satisfied that a monetary penalty was appropriate. There was a significant aggravating factor in this case – namely, the status of the race (Group 1) and the stake payable ($650,000). The race was the New Zealand Cup, the biggest race on the harness racing calendar. Having regard to this, the Committee increased the starting point to $500.
Mr Butt was entitled to a discount for his good record. The Committee assessed this at $50.
The breach was mid-range and there were no consequences to Mr Butt’s or any other runner. This is neither an aggravating nor a mitigating factor.
penalty:
Mr Butt was fined the sum of $450.
hearing_type: Hearing
Rules: 869(7A)(c)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: A M Butt, Licensed Open Horseman
Otherperson: M J Williamson, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 8bece2872572ae9ae02afbf32bda90eb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 60e8d3089eb6259acf8a22879bf584c6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/11/2013
meet_title: NZ Metro TC - 12 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC