NZ Metro TC – 3 July 2009 – Race 1
ID: JCA19734
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 3 July 2009
Race Date:
2009/07/03
Race Number:
Race 1
Decision:
Information No. 68003 filed by Stipendiary Steward, Mr N R Escott, following the running of Race 1, Smokefree Mobile Pace, alleged that Licensed Open Horseman, Mr D J Butt, “failed to make himself available to drive DAZZLING DAWN with C T Woodward jnr taking the drive” in Race 1.
--
Information No. 68003 filed by Stipendiary Steward, Mr N R Escott, following the running of Race 1, Smokefree Mobile Pace, alleged that Licensed Open Horseman, Mr D J Butt, “failed to make himself available to drive DAZZLING DAWN with C T Woodward jnr taking the drive” in Race 1.
--Mr Butt was present at the hearing of the information and did not admit the breach.
--Rule 507 A provides as follows:
Every horseman shall be available to take their engagement to drive a horse at least fifteen minutes prior to the race start time, except when otherwise instructed by a Stipendiary Steward.
Mrs K R Williams, Stipendiary Steward, on behalf of Mr Escott, informed the Committee that DAZZLING DAWN, trained by Mr M G Boa, was an acceptor for Races 1 and 10 on tonight’s programme. She said that the horse was late coming in for Race 1, the driver having to be replaced late as Mr Butt was not available to take the drive. The horse was driven in the Race by Mr C T Woodward jnr.
--Mr Boa told the Stipendiary Stewards that he had sent a text message to Mr Butt asking him if he was available to take the drive on DAZZLING DAWN. Mr Butt replied indicating that he was happy to drive the horse. Mrs Williams said that the various media all showed Mr Butt as the driver of the horse in both races 1 and 10.
--Mr Butt acknowledged that he had agreed to drive the horse. However, he said that he did not know the horse was an acceptor for two races and, when he looked at the fields, he saw DAZZLING DAWN in the field for Race 10.
--Mr Boa told the Committee that he thought he had but he was not certain as to whether he had specified Races 1 and 10 when he texted Mr Butt asking him to drive his horse.
--Neither Mr Boa nor Mr Butt was able to produce his mobile phone.
--The Committee finds that there is doubt as to the exact wording of Mr Boa’s text message.
--If the message did not specify the two races, then it was an honest and genuine mistake by Mr Butt. We unreservedly accept Mr Butt’s explanation that he was not aware that DAZZLING DAWN had accepted for two races. If he had known, we are sure he would have been there to take the drive in Race 1. Since there is doubt as to the exact wording of the text, and this is crucial to the guilt or otherwise of Mr Butt, the Committee is prepared to give Mr Butt the benefit of that doubt.
--The charge is dismissed.
--R G McKenzie
CHAIR
68003
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: 644e1cd82b1e1be00f0a764e07db6f1a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 03/07/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 3 July 2009 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information No. 68003 filed by Stipendiary Steward, Mr N R Escott, following the running of Race 1, Smokefree Mobile Pace, alleged that Licensed Open Horseman, Mr D J Butt, “failed to make himself available to drive DAZZLING DAWN with C T Woodward jnr taking the drive” in Race 1.
--
Information No. 68003 filed by Stipendiary Steward, Mr N R Escott, following the running of Race 1, Smokefree Mobile Pace, alleged that Licensed Open Horseman, Mr D J Butt, “failed to make himself available to drive DAZZLING DAWN with C T Woodward jnr taking the drive” in Race 1.
--Mr Butt was present at the hearing of the information and did not admit the breach.
--Rule 507 A provides as follows:
Every horseman shall be available to take their engagement to drive a horse at least fifteen minutes prior to the race start time, except when otherwise instructed by a Stipendiary Steward.
Mrs K R Williams, Stipendiary Steward, on behalf of Mr Escott, informed the Committee that DAZZLING DAWN, trained by Mr M G Boa, was an acceptor for Races 1 and 10 on tonight’s programme. She said that the horse was late coming in for Race 1, the driver having to be replaced late as Mr Butt was not available to take the drive. The horse was driven in the Race by Mr C T Woodward jnr.
--Mr Boa told the Stipendiary Stewards that he had sent a text message to Mr Butt asking him if he was available to take the drive on DAZZLING DAWN. Mr Butt replied indicating that he was happy to drive the horse. Mrs Williams said that the various media all showed Mr Butt as the driver of the horse in both races 1 and 10.
--Mr Butt acknowledged that he had agreed to drive the horse. However, he said that he did not know the horse was an acceptor for two races and, when he looked at the fields, he saw DAZZLING DAWN in the field for Race 10.
--Mr Boa told the Committee that he thought he had but he was not certain as to whether he had specified Races 1 and 10 when he texted Mr Butt asking him to drive his horse.
--Neither Mr Boa nor Mr Butt was able to produce his mobile phone.
--The Committee finds that there is doubt as to the exact wording of Mr Boa’s text message.
--If the message did not specify the two races, then it was an honest and genuine mistake by Mr Butt. We unreservedly accept Mr Butt’s explanation that he was not aware that DAZZLING DAWN had accepted for two races. If he had known, we are sure he would have been there to take the drive in Race 1. Since there is doubt as to the exact wording of the text, and this is crucial to the guilt or otherwise of Mr Butt, the Committee is prepared to give Mr Butt the benefit of that doubt.
--The charge is dismissed.
--R G McKenzie
CHAIR
68003
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5d0e03db3ea92a22c967c979e63c6ea7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 019440a41939334b1531180a20abe075
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/07/2009
meet_title: NZ Metro TC - 3 July 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