NZ Metro TC 6 September 2019 – R 2 (heard on 13 September 2019 at Addington) – Chair, Mr S Ching

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startdate: 06/09/2019

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hearing_title: NZ Metro TC 6 September 2019 - R 2 (heard on 13 September 2019 at Addington) - Chair, Mr S Ching

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RACEDAY JUDICIAL COMMITTEE DECISION

Meeting: NZ Metro Trotting Club @ Addington

Date:-6 September 2019

Race: 2

Rules:-869(2) - Whip Regulation (b)

Committee:-S Ching - Chairman, O Jarvis-Panellist

Names:-B Butt - Licensed Open Horseman

Informant:-N Ydgren - Chief Stipendiary Steward

Information Number: -A10768

Plea:--Admitted

Charge: Breach of Rule 869(2) - Whip Regulation (b)

Evidence:

This was an adjourned charge heard at the NZMTC meeting at Addington on 13 September 2019.

Following the running of Race 2, the Hillside ITM Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr B Butt, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:

869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Whip Regulation (b) reads as follows;

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Butt had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Butt also acknowledged that he understood the charge and the rule it was brought under.

Submissions For Decision:

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Butt driving THE DUDE, positioned in second to last place passing the 400m. Near the 300m Mr Butt, when improving forward, drew the whip and used it on 12 occasions prior to the line.

Mr Butt did not dispute the number of strikes.

Reasons For Decision:

As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Ydgren stated that Mr Butt had a previous breach of this rule within the previous six months, being on 5 April at Addington where he received a $500 fine and a 5-day suspension for a breach in a Group 1 race. He stated that the JCA Penalty Guide provided for a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period. Mr Ydgren stated that the breach was low to mid-level and submitted that a 3 to 4-day suspension be considered as penalty.

Mr Butt stated that he normally did not travel to the Southland area but was taking 2 horses to the upcoming meetings at Invercargill on 21 September and Winton on 26 September and asked if those days could be taken into consideration with any penalty. Mr Ydgren stated that the Stewards did not object to those meetings being considered as part of the penalty. He also asked if consideration be given to a mixed penalty of a fine and suspension. Mr Ydgren stated that only in exceptional circumstances should a mixed penalty be considered as penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period, mitigation inclusive. We determined that a mixed penalty was not appropriate as there were no exceptional circumstances to consider. This Committee assessed the breach as low level and therefore adopted a 3-day starting point. As there were no aggravating factors, no uplift in penalty was warranted. We therefore determined that a 3-day suspension was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Butt's Horseman’s Licence is suspended from the conclusion of racing 15 September up to and including 22 September 2019. Relevant meetings encompassed in this period of suspension are Addington 19 September, Invercargill 21 September and Oamaru 22 September 2019.

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hearing_type: Old Hearing

Rules: 869(2) - Whip Regulation (b)

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