NZ Metro TC 20 April 2018 – R 5 – Chair, Mr R McKenzie
ID: JCA15890
Meet Title:
NZ Metro TC - 20 April 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
ASmith
Race Date:
2018/04/20
Race Number:
R5
Decision:
Ms Butt having admitted the breach, the charge was found proved.
Penalty:
Ms Butt’s Junior Driver’s licence is suspended from after the close of racing on 22 April 2018 up to and including 4 May 2018 – 3 days. The meetings intended to be encompassed by the period of suspension are Timaru HRC on 26 April, Ashburton TC on 28 April and NZ Metropolitan TC on 4 May.
Facts:
Following the running of Race 5, Nevele R Fillies Series No. 40 (Heat 7) Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Ms K A Butt, alleging that Ms Butt, as the driver of LADY CHATTO in the race, “drove carelessly near the 1400 metres when shifting outwards when not entitled to causing LILAC STAR (C J Markham) to break and lose its chance”.
Ms Butt was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by Licensed Open Horseman, Mr J W Cox.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly.
Mr Wallis showed video replays of the incident with approximately 1400 metres to run. He pointed out Ms Butt, driving LADY CHATTO, racing three places back on the markers being trailed by LILAC STAR. BETTOR JOY (S J Ottley) was racing three places back on the outside as the field approached the turn into the straight. Mr Markham improved outwards to get onto Ms Ottley’s back. At that point, Ms Butt shifted outwards and, in doing so, contacted the near-side front leg of LILAC STAR, causing that horse to break. Ms Ottley had been progressing forward and Mr Markham had become established to the outside of Ms Butt, Mr Wallis said.
Ms Butt said that the running line was improving and it had been her intention to get onto Ms Ottley’s back. She admitted that she had left it “marginal” when shifting outwards.
Mr Cox said that LILAC STAR was wearing a Murphy Blind which would not have helped. A lot of horses would have seen the cart moving out and “veer off”, he said. However, Ms Butt had admitted the charge, he said.
Submissions for Penalty:
Mr Wallis told the Committee that Ms Butt is a very busy Junior Driver. In the current season to date, she has had 144 drives and last season she had a total of 218 drives. She has a clear record over the last 12 months.
He referred to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. He added that Stewards were now asking for suspensions for mid-to-high breaches of the careless driving Rule. The present case involved low-end carelessness, Mr Wallis submitted, but the consequences were mid-to-high in that LILAC STAR, although not a favoured runner, had galloped, lost a lot of ground and, effectively, lost its chance.
Although not a “major race”, it was nevertheless a heat of the Nevele R Fillies Series for a stake of $20,000 and, therefore, warranted an uplift in the Penalty Guide starting point, Mr Wallis submitted.
Ms Butt was entitled to a discount for her good record and admission of the breach, Mr Wallis submitted. He said that a 12-drives or 4-days suspension was an appropriate penalty. Ms Butt has been averaging 3 drives per meeting, he said. Ms Butt agreed with that assessment.
Ms Butt told the Committee that she was in her final season as a junior driver and it was important for her to be driving in races rather than be suspended. She asked the Committee to consider a fine. If the Committee were to impose a term of suspension, she did not seek a deferment.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a 10-drives suspension, on the basis that a suspension was an appropriate penalty for this breach.
The Committee considered that an uplift to that starting point was warranted having regard to two factors – firstly, the chances of LILAC STAR were effectively extinguished as a consequence of the interference and, secondly, the race although not a “major race” as defined in the Penalty Guide (“a race with stakes of $40,000 or more”), it was a heat of the prestigious Nevele R Fillies Series and the total stake for the race was $20,000. For those factors, the Committee decided, an uplift of 2 drives to 12 drives was appropriate.
From that uplifted starting point of 12 drives, the mitigating factors had to be taken into account. Mitigating factors were Ms Butt’s driving record, which the Committee regarded as excellent, and her very frank admission of the breach for which factors, we decided to give Ms Butt a discount of 2 drives, bringing the penalty back to 10 drives which, for Ms Butt, is equivalent to a 3-days’ suspension.
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: e13b7f3ddcb3beb6890edadf12000063
informantnumber: A10802
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 23/04/2018
hearing_title: NZ Metro TC 20 April 2018 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Nevele R Fillies Series No. 40 (Heat 7) Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Ms K A Butt, alleging that Ms Butt, as the driver of LADY CHATTO in the race, “drove carelessly near the 1400 metres when shifting outwards when not entitled to causing LILAC STAR (C J Markham) to break and lose its chance”.
Ms Butt was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by Licensed Open Horseman, Mr J W Cox.
Rule 869 provides as follows:
(3) No horseman shall in any race drive:
(b) carelessly.
Mr Wallis showed video replays of the incident with approximately 1400 metres to run. He pointed out Ms Butt, driving LADY CHATTO, racing three places back on the markers being trailed by LILAC STAR. BETTOR JOY (S J Ottley) was racing three places back on the outside as the field approached the turn into the straight. Mr Markham improved outwards to get onto Ms Ottley’s back. At that point, Ms Butt shifted outwards and, in doing so, contacted the near-side front leg of LILAC STAR, causing that horse to break. Ms Ottley had been progressing forward and Mr Markham had become established to the outside of Ms Butt, Mr Wallis said.
Ms Butt said that the running line was improving and it had been her intention to get onto Ms Ottley’s back. She admitted that she had left it “marginal” when shifting outwards.
Mr Cox said that LILAC STAR was wearing a Murphy Blind which would not have helped. A lot of horses would have seen the cart moving out and “veer off”, he said. However, Ms Butt had admitted the charge, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Butt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis told the Committee that Ms Butt is a very busy Junior Driver. In the current season to date, she has had 144 drives and last season she had a total of 218 drives. She has a clear record over the last 12 months.
He referred to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. He added that Stewards were now asking for suspensions for mid-to-high breaches of the careless driving Rule. The present case involved low-end carelessness, Mr Wallis submitted, but the consequences were mid-to-high in that LILAC STAR, although not a favoured runner, had galloped, lost a lot of ground and, effectively, lost its chance.
Although not a “major race”, it was nevertheless a heat of the Nevele R Fillies Series for a stake of $20,000 and, therefore, warranted an uplift in the Penalty Guide starting point, Mr Wallis submitted.
Ms Butt was entitled to a discount for her good record and admission of the breach, Mr Wallis submitted. He said that a 12-drives or 4-days suspension was an appropriate penalty. Ms Butt has been averaging 3 drives per meeting, he said. Ms Butt agreed with that assessment.
Ms Butt told the Committee that she was in her final season as a junior driver and it was important for her to be driving in races rather than be suspended. She asked the Committee to consider a fine. If the Committee were to impose a term of suspension, she did not seek a deferment.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a 10-drives suspension, on the basis that a suspension was an appropriate penalty for this breach.
The Committee considered that an uplift to that starting point was warranted having regard to two factors – firstly, the chances of LILAC STAR were effectively extinguished as a consequence of the interference and, secondly, the race although not a “major race” as defined in the Penalty Guide (“a race with stakes of $40,000 or more”), it was a heat of the prestigious Nevele R Fillies Series and the total stake for the race was $20,000. For those factors, the Committee decided, an uplift of 2 drives to 12 drives was appropriate.
From that uplifted starting point of 12 drives, the mitigating factors had to be taken into account. Mitigating factors were Ms Butt’s driving record, which the Committee regarded as excellent, and her very frank admission of the breach for which factors, we decided to give Ms Butt a discount of 2 drives, bringing the penalty back to 10 drives which, for Ms Butt, is equivalent to a 3-days’ suspension.
penalty:
Ms Butt’s Junior Driver’s licence is suspended from after the close of racing on 22 April 2018 up to and including 4 May 2018 – 3 days. The meetings intended to be encompassed by the period of suspension are Timaru HRC on 26 April, Ashburton TC on 28 April and NZ Metropolitan TC on 4 May.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: K A Butt, Licensed Junior Driver
Otherperson: J W Cox, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: a719bbe6b9d344a6877acaefb469100c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8d2bfa3918718b0b46e9457c452fdd9c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/04/2018
meet_title: NZ Metro TC - 20 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: ASmith
meet_pm2: none
name: NZ Metro TC