NZ Metro TC 14 November 2017 – R 6 – Chair, Prof G Hall
ID: JCA16547
Meet Title:
NZ Metro TC - 14 November 2017
Meet Chair:
GHall
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/11/14
Race Number:
R 6
Decision:
These actions of Mr Butt constitute careless driving. We thus find the charge proved.
Penalty:
The penalty is thus one of 3 days’ suspension. This commences after racing on 17 November 2017 and is up to and including 26 November 2017. The days are Invercargill 24 November, Geraldine 25 November, and Banks Peninsula 26 November.
Facts:
Mr Ydgren alleged that Mr Butt drove carelessly when shifting ground outwards and contacting the wheel of AYRA some 200 metres after the start of race 6, the Granite Benchtop Company NZ Trotting Free-For-All.
Submissions for Decision:
Mr Ydgren demonstrated on the videos that Mr Butt who was driving the favourite, RONALD J, was beaten for gate speed and was crossed by Ms Ottley, driving ARYA. Once she had crossed, Ms Ottley sat one out in the parked position and eased the pace. Mr Butt then endeavoured to shift RONALD J to the outside of ARYA to progress forward but when so doing he made contact with the right side sulky wheel of ARYA resulting in his horse breaking and losing its chance.
Mr Ydgren explained that the Stewards did not believe the easing of the pace by Ms Ottley was excessive or abrupt, and added that had they thought so, she would have been before the Committee on a careless driving charge and not Mr Butt. They did not believe any outside factor had contributed to the incident.
Mr Butt said he had got away nicely and Ms Ottley had crossed him easily. He believed she had then restrained her horse abruptly and, in trying to get out of her way, he had made contact with the wheel of ARYA’s cart. He said there was no fault on his part or that of his horse. It was a racing incident. He had tried to restrain RONALD J but had not been able to do so. He said he had tried to go to Ms Ottley’s outside, otherwise he would have run up her back.
Reasons for Decision:
We accept that Ms Ottley has eased her horse after crossing the respondent. But, significantly, we do not believe this easing was either abrupt or excessive. Mr Butt had the opportunity to ease his horse, RONALD J, and stay on her back but the videos demonstrate that he decided to come out and go around ARYA. In so doing, he made a misjudgement, in that he was not clear, and he came into contact with the cart of ARYA and the consequence was RONALD J broke and lost its chance in the race.
Submissions for Penalty:
Mr Ydgren produced Mr Butt’s record, which showed 149 drives the season before last, 122 last season and 20 this season. His record was clear under this rule.
Mr Ydgren emphasised that the stake for this race was $100,000 and was a “major race” for the purposes of the Penalty Guide. He also pointed out that RONALD J was the favourite for the race and had taken no part in the race after the incident. There had been no impact on other runners. He submitted a 3 day starting point was appropriate, which should be increased to 4 days because the breach was mid range.
Mr Butt accepted this starting point was appropriate and he asked for a deferment of his suspension until after racing on Friday.
Reasons for Penalty:
We agree that the breach is mid range and that this is a “major race” as defined in the Penalty Guide. We take a starting point of 4 days and after giving consideration to the respondent’s excellent record, we reduce this by one day.
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: c43d580917c04249b9027fb85a2d8aca
informantnumber: A5545
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 17/11/2017
hearing_title: NZ Metro TC 14 November 2017 - R 6 - Chair, Prof G Hall
charge:
facts:
Mr Ydgren alleged that Mr Butt drove carelessly when shifting ground outwards and contacting the wheel of AYRA some 200 metres after the start of race 6, the Granite Benchtop Company NZ Trotting Free-For-All.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren demonstrated on the videos that Mr Butt who was driving the favourite, RONALD J, was beaten for gate speed and was crossed by Ms Ottley, driving ARYA. Once she had crossed, Ms Ottley sat one out in the parked position and eased the pace. Mr Butt then endeavoured to shift RONALD J to the outside of ARYA to progress forward but when so doing he made contact with the right side sulky wheel of ARYA resulting in his horse breaking and losing its chance.
Mr Ydgren explained that the Stewards did not believe the easing of the pace by Ms Ottley was excessive or abrupt, and added that had they thought so, she would have been before the Committee on a careless driving charge and not Mr Butt. They did not believe any outside factor had contributed to the incident.
Mr Butt said he had got away nicely and Ms Ottley had crossed him easily. He believed she had then restrained her horse abruptly and, in trying to get out of her way, he had made contact with the wheel of ARYA’s cart. He said there was no fault on his part or that of his horse. It was a racing incident. He had tried to restrain RONALD J but had not been able to do so. He said he had tried to go to Ms Ottley’s outside, otherwise he would have run up her back.
reasonsfordecision:
We accept that Ms Ottley has eased her horse after crossing the respondent. But, significantly, we do not believe this easing was either abrupt or excessive. Mr Butt had the opportunity to ease his horse, RONALD J, and stay on her back but the videos demonstrate that he decided to come out and go around ARYA. In so doing, he made a misjudgement, in that he was not clear, and he came into contact with the cart of ARYA and the consequence was RONALD J broke and lost its chance in the race.
Decision:
These actions of Mr Butt constitute careless driving. We thus find the charge proved.
sumissionsforpenalty:
Mr Ydgren produced Mr Butt’s record, which showed 149 drives the season before last, 122 last season and 20 this season. His record was clear under this rule.
Mr Ydgren emphasised that the stake for this race was $100,000 and was a “major race” for the purposes of the Penalty Guide. He also pointed out that RONALD J was the favourite for the race and had taken no part in the race after the incident. There had been no impact on other runners. He submitted a 3 day starting point was appropriate, which should be increased to 4 days because the breach was mid range.
Mr Butt accepted this starting point was appropriate and he asked for a deferment of his suspension until after racing on Friday.
reasonsforpenalty:
We agree that the breach is mid range and that this is a “major race” as defined in the Penalty Guide. We take a starting point of 4 days and after giving consideration to the respondent’s excellent record, we reduce this by one day.
penalty:
The penalty is thus one of 3 days’ suspension. This commences after racing on 17 November 2017 and is up to and including 26 November 2017. The days are Invercargill 24 November, Geraldine 25 November, and Banks Peninsula 26 November.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Butt - Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 771f688c20918cab3ab78e43c2403932
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4ad17e19b3cd8c824607559095f07003
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/11/2017
meet_title: NZ Metro TC - 14 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC