NZ Metro TC – 21 July 2005 –

Following the running of Race 4, Ferrymead Restaurant & Bars Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A M Butt, alleging that Mr Butt, as the driver of MORTY in the race, drove carelessly when checking TOOK A PUNT (C D Thornley) over the final stages resulting in TOOK A PUNT breaking.

Mr B D Williams, Deputy Stipendiary Steward, showed the incident on video replays of the race. Mr Williams showed TOOK A PUNT beginning to weaken and Mr Butt on its inside in behind the leader, ADVANCEALOT (P T Borcoskie), looking for a run. TOOK A PUNT appeared to "falter" and break. It was tiring and was not going to finish in the placings. Mr Williams stated that there was "slight movement" from the outside but, in his opinion, this had no bearing on the breaking of TOOK A PUNT. The incident took place close to the finishing line. The breaking of TOOK A PUNT was the result of MORTY running out close to the post, Mr Williams said.

Mr C D Thornley said that his horse was tiring and going back through the field. He said that there was movement from both sides but "not much". He was trying to give room. The movement was more from Mr Butt on his inside than from the outside. He had turned his horse up the track trying to give Mr Butt room. There was contact with Mr Butt's cart and his TOOK A PUNT broke.

Mr Butt stated that his horse had "shifted out a fraction" but submitted that HIGH CHAPPAREL (J Herbert), on the outside of TOOK A PUNT, had come across as well. Mr Butt showed a full video replay of the race to demonstrate that his horse had raced "ungenerously" for the whole race. It had also done so on the two previous occasions on which he had driven it. Close to the finish, Mr Butt said that he hit his horse with the whip and it "ducked out" but he straightened it immediately, he said. He pointed out that Mr Thornley had said that the incident was very minor. While HIGH CHAPPAREL had not caused any interference, it left TOOK A PUNT with nowhere to go when MORTY ducked out.

Mr McIntyre submitted that Mr Butt should have been aware of the likelihood of MORTY racing roughly nearing the line. He did not believe that HIGH CHAPPAREL had dictated TOOK A PUNT's line at all. It was an error of judgement by Mr Butt as he had not allowed sufficient room for Mr Thornley on his outside. It was a critical stage of the race when Mr Butt had been trying to "extricate" his horse into clear racing room. He did not accept that MORTY had ducked out.

Following a deliberation, the Committee delivered the following oral decision:

"I have carefully listened to the evidence of both parties and I have carefully viewed the video replays of the final stages of the race as shown to me. The allegation by the Stipendiary Stewards is that Mr Butt drove carelessly when checking TOOK A PUNT over the final stages resulting in TOOK A PUNT breaking. Mr McIntyre called Mr Thornley to give evidence as well as Deputy Stipendiary Steward, Mr B D Williams to support the allegation that Mr Butt had shifted MORTY outwards over the concluding stages making contact with TOOK A PUNT causing it to break. Mr Butt, in his statement to the Committee, stated that MORTY had raced, in his own words, "ungenerously" throughout the entire race and that it had "ducked out" over the final stages and that it was that outward movement by the horse, coupled with what he alleged was an inwards movement by HIGH CHAPPAREL driven by J Herbert, which contributed to the tightening of TOOK A PUNT which broke. I have to be satisfied on a balance of probabilities that the charge has been made out. In this instance, I am so satisfied. I find that, over the final stages, Mr Butt was looking for racing room with MORTY and that he angled out from behind the then leader to attempt to take a gap on the outside of that horse and on the inside of TOOK A PUNT. In doing so, he made an error of judgement in that he was not sufficiently clear of TOOK A PUNT and made contact with the front legs of that horse. I do accept Mr Butt's evidence that TOOK A PUNT was weakening and that his own drive, MORTY, had provided him with something of a difficult drive during the race. However, I am not satisfied that Miss Herbert's drive contributed to the tightening of TOOK A PUNT. I repeat that I believe that it was an error of judgement on Mr Butt's part and not in any way a deliberate act. Of course, an error of judgement can amount to carelessness as I find to be the case in this instance. Accordingly, I am satisfied that the charge has been proved."

Mr McIntyre said that Mr Butt is a very senior driver, This season, to date, he has had in excess of 340 drives and has not been charged in respect of any of those. He said that the Stipendiary Stewards regarded the breach to be "at the lower end of careless". He recommended a fine of $200.

The Committee took into account the submissions of Mr McIntyre and Mr Butt who submitted that the offence was at the lower end of the scale. Having regard to that, which the Committee accepted, and having regard to Mr Butt's excellent race driving record, Mr Butt was fined the sum of $200.

JUDICIAL COMMITTEE