NZ Metro TC – 27 March 2009 – Race 3
ID: JCA22576
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 27 March 2009
Race Date:
2009/03/27
Race Number:
Race 3
Decision:
Following the running of Race 3, the Resource Recycling Technologies NZ Ltd Mobile Pace, Stipendiary Steward Mr N. M. Ydgren filed an Information charging Mr A. M. Butt with a breach of Rule 869(4) and Regulation (4) of the Passing Lanes, False Rails and Home Straight Regulations. The Information reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) – Passing Lane, Reg (4) in that Horseman A. M. Butt (About Ambition) allowed the said runner to shift into the passing lane with approx. 250m to run.”
Following the running of Race 3, the Resource Recycling Technologies NZ Ltd Mobile Pace, Stipendiary Steward Mr N. M. Ydgren filed an Information charging Mr A. M. Butt with a breach of Rule 869(4) and Regulation (4) of the Passing Lanes, False Rails and Home Straight Regulations. The Information reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) – Passing Lane, Reg (4) in that Horseman A. M. Butt (About Ambition) allowed the said runner to shift into the passing lane with approx. 250m to run.”
Rule 869(4) reads as follows.
“No horseman nor any horse shall during any race do anything which
interferes or is likely to interfere with any other horseman and/or horse or its progress.”
This charge was based on a breach of Regulation (4) of the Passing Lanes,
False Rails and Home Straight Regulations, which provides as follows.
“4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.”
--Regulation (8) of the above Regulations is also relevant to this charge, and provides as follows.
--“8. Failure to comply with clause 4 ….. hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply.”
--Mr Butt had indicated on the information that he did not admit this breach
of the Rules, and he confirmed that at the hearing. Mr Butt also agreed that he understood the charge and the Rule and Regulation it was brought under.
Mr Ydgren gave evidence and used video coverage to show that on
entering the home straight for the final time “About Ambition” (1) driven by Mr Butt was the leading horse on the marker line. The Regulations require that in this situation Mr Butt had to keep as straight a course as possible parallel to the running line. It was shown that Mr Butt moved into the passing lane, and that “Tatoo” (4) driven by A. J. Tomlinson, who had trailed him into the straight, was denied use of the passing lane.
Mr Butt gave evidence that at the time of this incident his horse was stopping, and that he felt a horse on his back was travelling really good, and actually hitting his outside wheel. Mr Butt said he pulled to the inside to try and get out of everyone’s way, and that he did this as he believed it was a safety issue. Mr Butt did not dispute that his actions had impeded the progress of “Tatoo”.
--We adjourned to consider our decision. We were satisfied that Mr Butt made a conscious decision to take his horse into the passing lane. Although this action gave relief to a trailing horse, it denied access to “Tatoo”, and this was the horse that was entitled to use the passing lane. On returning to the Enquiry Room we advised the parties of our reasons and that we found the charge proved.
--Penalty:
--Mr Ydgren advised that Mr Butt had no previous relevant convictions and recommended a fine of $200-00. Mr Butt had no relevant submissions to make regarding penalty. We were satisfied that the fine recommended was appropriate in this and case and Mr Butt was fined the sum of $200-00.
--
J. M. Phelan
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: f7259d3a9ef274575c370e1596befed4
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 27 March 2009 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 3, the Resource Recycling Technologies NZ Ltd Mobile Pace, Stipendiary Steward Mr N. M. Ydgren filed an Information charging Mr A. M. Butt with a breach of Rule 869(4) and Regulation (4) of the Passing Lanes, False Rails and Home Straight Regulations. The Information reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) – Passing Lane, Reg (4) in that Horseman A. M. Butt (About Ambition) allowed the said runner to shift into the passing lane with approx. 250m to run.”
Following the running of Race 3, the Resource Recycling Technologies NZ Ltd Mobile Pace, Stipendiary Steward Mr N. M. Ydgren filed an Information charging Mr A. M. Butt with a breach of Rule 869(4) and Regulation (4) of the Passing Lanes, False Rails and Home Straight Regulations. The Information reads as follows.
--“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) – Passing Lane, Reg (4) in that Horseman A. M. Butt (About Ambition) allowed the said runner to shift into the passing lane with approx. 250m to run.”
Rule 869(4) reads as follows.
“No horseman nor any horse shall during any race do anything which
interferes or is likely to interfere with any other horseman and/or horse or its progress.”
This charge was based on a breach of Regulation (4) of the Passing Lanes,
False Rails and Home Straight Regulations, which provides as follows.
“4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.”
--Regulation (8) of the above Regulations is also relevant to this charge, and provides as follows.
--“8. Failure to comply with clause 4 ….. hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply.”
--Mr Butt had indicated on the information that he did not admit this breach
of the Rules, and he confirmed that at the hearing. Mr Butt also agreed that he understood the charge and the Rule and Regulation it was brought under.
Mr Ydgren gave evidence and used video coverage to show that on
entering the home straight for the final time “About Ambition” (1) driven by Mr Butt was the leading horse on the marker line. The Regulations require that in this situation Mr Butt had to keep as straight a course as possible parallel to the running line. It was shown that Mr Butt moved into the passing lane, and that “Tatoo” (4) driven by A. J. Tomlinson, who had trailed him into the straight, was denied use of the passing lane.
Mr Butt gave evidence that at the time of this incident his horse was stopping, and that he felt a horse on his back was travelling really good, and actually hitting his outside wheel. Mr Butt said he pulled to the inside to try and get out of everyone’s way, and that he did this as he believed it was a safety issue. Mr Butt did not dispute that his actions had impeded the progress of “Tatoo”.
--We adjourned to consider our decision. We were satisfied that Mr Butt made a conscious decision to take his horse into the passing lane. Although this action gave relief to a trailing horse, it denied access to “Tatoo”, and this was the horse that was entitled to use the passing lane. On returning to the Enquiry Room we advised the parties of our reasons and that we found the charge proved.
--Penalty:
--Mr Ydgren advised that Mr Butt had no previous relevant convictions and recommended a fine of $200-00. Mr Butt had no relevant submissions to make regarding penalty. We were satisfied that the fine recommended was appropriate in this and case and Mr Butt was fined the sum of $200-00.
--
J. M. Phelan
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9746ab5eaaa63df314d32657dfc34d4b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2692678874df4336dfd763f647cb8c1a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2009
meet_title: NZ Metro TC - 27 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC