Archive Decision

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NZ Metro TC – 20 May 2008 – Race 7

ID: JCA21736

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 20 May 2008

Race Date:
2008/05/20

Race Number:
Race 7

Decision: Following the running of Race 7, First Sovereign Trust Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rule 867

DECISION AND REASONS:

--

Following the running of Race 7, First Sovereign Trust Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rule 867 in that Mr Butt, as the driver of HOLMWOOD JACK in the Race, “dropped his foot from the sulky footrest for approximately 100 metres with 700 metres to run”.

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--

Mr Butt was present at the hearing of the information and indicated that he admitted the breach. The charge was found proved accordingly.

--

 

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Rule 867 provides as follows:

--

Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.

--

 

--

Mr Ydgren stated that he acknowledged that HOLMWOOD JACK was a big horse but had been trained by Mr Butt for some time and, therefore, Mr Butt ought to have been able to take “remedial action” if there was a tendency for him to become unbalanced because of the size of the horse. 

--

 

--

Mr N G McIntyre, Stipendiary Steward, showed a video replay of the Race between the 800 metres and the 600 metres for the final time. He pointed out HOLMWOOD JACK in the “parked out position” approaching the 700 metres. At that point, Mr Butt could be clearly seen to drop his right foot from the foot rest of the sulky. While his foot was out of the rest, Mr Butt was still able to activate the earplugs and “rein the horse up”, Mr McIntyre said. Mr Butt’s foot was out of the rest for a distance of approximately 100 metres.

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Mr Ydgren informed the Committee that Mr Butt had a clear record as far as breaches of this Rule were concerned and he recommended a fine of $100.

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--

Mr Butt explained that he had had to lean forward to remove the earplugs. He stated that the horse was a big horse, one of the biggest he had trained. Because of the size of the horse, the shafts were high and he had lost his balance in the sulky. This was his only reason for dropping his foot. He pointed out that his leg was tucked under. He submitted that, in the circumstances, a warning was an appropriate penalty.

--

 

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The Committee took into account:

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1.      Mr Butt’s explanation;

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2.      His admission of the breach (albeit that it was clear breach of the Rule); and

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3.      His good record.

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Mr Butt was fined the sum of $100.  

--

 

--

R G McKenzie

--

CHAIRMAN

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: b03382e905d9844879e0b21c3da20f8f


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 20/05/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 20 May 2008 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 7, First Sovereign Trust Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rule 867

DECISION AND REASONS:

--

Following the running of Race 7, First Sovereign Trust Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rule 867 in that Mr Butt, as the driver of HOLMWOOD JACK in the Race, “dropped his foot from the sulky footrest for approximately 100 metres with 700 metres to run”.

--

 

--

Mr Butt was present at the hearing of the information and indicated that he admitted the breach. The charge was found proved accordingly.

--

 

--

Rule 867 provides as follows:

--

Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.

--

 

--

Mr Ydgren stated that he acknowledged that HOLMWOOD JACK was a big horse but had been trained by Mr Butt for some time and, therefore, Mr Butt ought to have been able to take “remedial action” if there was a tendency for him to become unbalanced because of the size of the horse. 

--

 

--

Mr N G McIntyre, Stipendiary Steward, showed a video replay of the Race between the 800 metres and the 600 metres for the final time. He pointed out HOLMWOOD JACK in the “parked out position” approaching the 700 metres. At that point, Mr Butt could be clearly seen to drop his right foot from the foot rest of the sulky. While his foot was out of the rest, Mr Butt was still able to activate the earplugs and “rein the horse up”, Mr McIntyre said. Mr Butt’s foot was out of the rest for a distance of approximately 100 metres.

--

 

--

Mr Ydgren informed the Committee that Mr Butt had a clear record as far as breaches of this Rule were concerned and he recommended a fine of $100.

--

 

--

Mr Butt explained that he had had to lean forward to remove the earplugs. He stated that the horse was a big horse, one of the biggest he had trained. Because of the size of the horse, the shafts were high and he had lost his balance in the sulky. This was his only reason for dropping his foot. He pointed out that his leg was tucked under. He submitted that, in the circumstances, a warning was an appropriate penalty.

--

 

--

The Committee took into account:

--

1.      Mr Butt’s explanation;

--

2.      His admission of the breach (albeit that it was clear breach of the Rule); and

--

3.      His good record.

--

 

--

Mr Butt was fined the sum of $100.  

--

 

--

R G McKenzie

--

CHAIRMAN


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


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Respondent:


StipendSteward:


raceid: 5a1a18d1871dd018367c543c13a97503


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race_emailed1: 0


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race_title: Race 7


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meetdate: 20/05/2008


meet_title: NZ Metro TC - 20 May 2008


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name: NZ Metro TC