NZ Metro TC 9 May 2015 – R 11
ID: JCA17948
Meet Title:
NZ Metro TC - 9 May 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/05/09
Race Number:
R11
Decision:
Mr Butt having admitted the breach, the charge was found proved.
Penalty:
Mr Butt was fined the sum of $150.
Facts:
Following the running of Race 11, Canterbury Copy Service Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr R J Butt, alleging a breach of Rule 869 (2) (c) in that Mr Butt, as the driver of VULCAN in the race, “used his whip outside the sulky”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren advised the Committee that Mr Butt did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
Mr Ydgren showed a video replay of the final 200-300 metres of Race 9. He pointed out Mr Butt, driving VULCAN, racing 3-back on the markers entering the home straight. From that point, in the run home, Mr Butt could clearly be seen to be using his whip outside the confines of the sulky in striking the right sulky wheel disc on two occasions, Mr Ydgren submitted.
Mr Ydgren submitted that Mr Butt’s intention was to make a “cracking sound” to motivate the horse. There have been instances in the past where striking the wheel disc with the whip has caused the wheel disc to shatter, which can have an effect on trailing runners. It is a practice that the Stewards do not condone, Mr Ydgren said. This was a “clear case”, he submitted.
Submissions for Penalty:
This was not a serious breach, Mr Ydgren submitted. He referred to the most recent case, in October 2014, in which the horseman concerned was fined the sum of $150 for several strikes outside the confines of the sulky in the run home.
Mr Butt had admitted the breach and had a clear record under the Rule, Mr Ydgren said. He submitted that a fine of $150 was an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $200 fine as recommended in the Penalty Guide.
From that starting point, Mr Butt was entitled to a discount for his good record and admission of the breach. The Committee fixed that discount at $50 to arrive at a fine of $150. This was consistent with the fine imposed for the similar breach of the Rule referred to by Mr Ydgren in his penalty submissions.
The Committee agreed that this was not a serious breach.
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: db90e83d9897609486d22a31d8792808
informantnumber: A1469
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Using Whip Outside Sulky
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2015
hearing_title: NZ Metro TC 9 May 2015 - R 11
charge:
facts:
Following the running of Race 11, Canterbury Copy Service Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr R J Butt, alleging a breach of Rule 869 (2) (c) in that Mr Butt, as the driver of VULCAN in the race, “used his whip outside the sulky”.
Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren advised the Committee that Mr Butt did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
Mr Ydgren showed a video replay of the final 200-300 metres of Race 9. He pointed out Mr Butt, driving VULCAN, racing 3-back on the markers entering the home straight. From that point, in the run home, Mr Butt could clearly be seen to be using his whip outside the confines of the sulky in striking the right sulky wheel disc on two occasions, Mr Ydgren submitted.
Mr Ydgren submitted that Mr Butt’s intention was to make a “cracking sound” to motivate the horse. There have been instances in the past where striking the wheel disc with the whip has caused the wheel disc to shatter, which can have an effect on trailing runners. It is a practice that the Stewards do not condone, Mr Ydgren said. This was a “clear case”, he submitted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Butt having admitted the breach, the charge was found proved.
sumissionsforpenalty:
This was not a serious breach, Mr Ydgren submitted. He referred to the most recent case, in October 2014, in which the horseman concerned was fined the sum of $150 for several strikes outside the confines of the sulky in the run home.
Mr Butt had admitted the breach and had a clear record under the Rule, Mr Ydgren said. He submitted that a fine of $150 was an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $200 fine as recommended in the Penalty Guide.
From that starting point, Mr Butt was entitled to a discount for his good record and admission of the breach. The Committee fixed that discount at $50 to arrive at a fine of $150. This was consistent with the fine imposed for the similar breach of the Rule referred to by Mr Ydgren in his penalty submissions.
The Committee agreed that this was not a serious breach.
penalty:
Mr Butt was fined the sum of $150.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: R J Butt, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 77a55ab4279c08a2694c9b4569616ff4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ecaca14285fbcde70df1bf9c5b18d098
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/05/2015
meet_title: NZ Metro TC - 9 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC