NZ Metro TC 30 September 2011 – R 6
ID: JCA18010
Meet Title:
NZ Metro TC - 30 September 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/09/30
Race Number:
R6
Decision:
Mr Butt having admitted the charge, the charge was found proved.
Penalty:
Mr Butt was fined the sum of $300.
Charge:
Breach of the push out Rule
Facts:
Following the running of Race 6, Avon City Ford (New Brighton) Cup, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rules 869 (4) and 869 (6) (b) & (c) in that Mr Butt, as the driver of BONDY in the race, “shifted TERROR TO LOVE wider on the track prior to the 1,000 metres”.
Mr Butt had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Submissions for Decision:
Mr McIntyre showed video replays of the relevant part of the race (between the 1200 and the 800 metres). He pointed out OHOKA DALLAS (N C Rasmussen), towards the rear of the field, move from the one-out line to 3-wide prior to TERROR TO LOVE (A M Butt) progressing forward. Prior to the 1,000 metres Mr Butt, driving BONDY, attempted to shift TERROR TO LOVE wider on the track and succeeded in doing so. TERROR TO LOVE was past the wheel of BONDY and going forward and was forced to race wider on the track when BONDY shifted out 3-wide onto the back of OHOKA DALLAS. Prior to the incident, TERROR TO LOVE was established in the 3-wide line on the back of OHOKA DALLAS.
Submissions for Penalty:
Mr McIntyre informed the Committee that Mr Butt has had 24 drives to date in the current season. In the 2010/2011 season he had 154 drives. His record was clear. Mr McIntyre referred to Rule 1114 (2) and pointed out that the race was a Group 3 race for a stake of $25,000 and also referred to the consequential effects on TERROR TO LOVE which had been entitled to remain on the back of OHOKA DALLAS – had it been allowed to remain there, it would have received the run which BONDY received so Mr Butt had cost that horse a good position in the running. TERROR TO LOVE had finished only 2 lengths from the winner, Mr McIntyre said. The Committee should take those matters into account, Mr McIntyre submitted.
Mr McIntyre submitted that, taking all factors into account, a fine of $300 was appropriate.
Mr Butt had endorsed the following on the information form that he wished the Judicial Committee to have regard to:
“[the fine] should be less because 50/50 if before or on the 1,000 metres”.
Reasons for Penalty:
The Committee noted that the Penalty Guide recommended a starting point for a breach of the “push out Rule” of a fine of $250. Mr Butt was entitled to credit for his admission of the breach and his previous good record. However, there was merit in Mr McIntyre’s submission that the status of the race and the stake payable should be taken into account and, in particular, the consequential effect on TERROR TO LOVE, a well-favoured runner, whose chances were, arguably, affected. The Committee took those matters into account in arriving at penalty.
The Committee was clearly satisfied that the push out had taken place prior to the 1,000 metres and, therefore, gave no weight to Mr Butt’s submission.
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: e1dfeefc43332b6a99f2bd9cd2ebee89
informantnumber: 69508
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2011
hearing_title: NZ Metro TC 30 September 2011 - R 6
charge:
Breach of the push out Rule
facts:
Following the running of Race 6, Avon City Ford (New Brighton) Cup, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr D J Butt, alleging a breach of Rules 869 (4) and 869 (6) (b) & (c) in that Mr Butt, as the driver of BONDY in the race, “shifted TERROR TO LOVE wider on the track prior to the 1,000 metres”.
Mr Butt had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed video replays of the relevant part of the race (between the 1200 and the 800 metres). He pointed out OHOKA DALLAS (N C Rasmussen), towards the rear of the field, move from the one-out line to 3-wide prior to TERROR TO LOVE (A M Butt) progressing forward. Prior to the 1,000 metres Mr Butt, driving BONDY, attempted to shift TERROR TO LOVE wider on the track and succeeded in doing so. TERROR TO LOVE was past the wheel of BONDY and going forward and was forced to race wider on the track when BONDY shifted out 3-wide onto the back of OHOKA DALLAS. Prior to the incident, TERROR TO LOVE was established in the 3-wide line on the back of OHOKA DALLAS.
reasonsfordecision:
Decision:
Mr Butt having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Mr Butt has had 24 drives to date in the current season. In the 2010/2011 season he had 154 drives. His record was clear. Mr McIntyre referred to Rule 1114 (2) and pointed out that the race was a Group 3 race for a stake of $25,000 and also referred to the consequential effects on TERROR TO LOVE which had been entitled to remain on the back of OHOKA DALLAS – had it been allowed to remain there, it would have received the run which BONDY received so Mr Butt had cost that horse a good position in the running. TERROR TO LOVE had finished only 2 lengths from the winner, Mr McIntyre said. The Committee should take those matters into account, Mr McIntyre submitted.
Mr McIntyre submitted that, taking all factors into account, a fine of $300 was appropriate.
Mr Butt had endorsed the following on the information form that he wished the Judicial Committee to have regard to:
“[the fine] should be less because 50/50 if before or on the 1,000 metres”.
reasonsforpenalty:
The Committee noted that the Penalty Guide recommended a starting point for a breach of the “push out Rule” of a fine of $250. Mr Butt was entitled to credit for his admission of the breach and his previous good record. However, there was merit in Mr McIntyre’s submission that the status of the race and the stake payable should be taken into account and, in particular, the consequential effect on TERROR TO LOVE, a well-favoured runner, whose chances were, arguably, affected. The Committee took those matters into account in arriving at penalty.
The Committee was clearly satisfied that the push out had taken place prior to the 1,000 metres and, therefore, gave no weight to Mr Butt’s submission.
penalty:
Mr Butt was fined the sum of $300.
hearing_type: Hearing
Rules: 869(4)and 869(6)(b)&(c)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: D J Butt, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a53caea1855451e8d443999b4748ed21
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a845fc79017106e151d29921307422d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2011
meet_title: NZ Metro TC - 30 September 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC