Rangiora HRC – 1 December 2005 – Race 1
ID: JCA18255
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 1 December 2005
Race Date:
2005/12/01
Race Number:
Race 1
Decision: --
Following the running of Race 1, the PlaceMakers Cranford St Race Night Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. A Butt, the driver of "Lotsa Speed" (7), alleging that he had committed a breach of Rule 869(3)(b).
--
DECISION AND REASONS:
--Following the running of Race 1, the PlaceMakers Cranford St Race Night Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. A Butt, the driver of "Lotsa Speed" (7), alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that M. A Butt caused his own horse to break when attempting to move Thisdudescruisin (T. S. Chmiel) down on the track ? careless driving."
--Rule 869(3)(b) reads as follows.
--"No horseman in any race shall drive carelessly."
----
Mr Butt indicated on the information that he did not admit the breach
--of this rule, and he confirmed this at the hearing.
--Mr Escott called Mr Chmiel to give evidence, and he said that Mr Butt moved up alongside him and put pressure on to try and move him down to the marker line. Mr Chmiel also said that Mr Butt did not have an "advantage" over him and that he held his ground. As a result Mr Butt's horse broke.
--Stipendiary Steward Mr McIntyre used video coverage of this incident to illustrate what had happened. It was seen that Mr Chmiel had moved out into the two wide line to trail another horse. Shortly after Mr Butt had moved up alongside and had tried to move Mr Chmiel inwards.
--Mr Butt put it to Mr Chmiel that there was not much pressure between them and that they were just going along together when his horse broke. It was Mr Butt's evidence that he was not putting pressure on Mr Chmiel, and that he was not trying to push Mr Chmiel down.
--Mr Butt also raised the question of the push out rule, but it was clear that the Stipendiary Stewards did not consider that this rule applied in the present case.
--After hearing the evidence we adjourned to consider our decision. The evidence from Mr Chmiel and the video evidence clearly showed that Mr Butt had tried to move Mr Chmiel down when he did not have the required advantage. This attempt continued for some distance until Mr Butt's horse eventually broke.
--On returning to the Enquiry Room we gave the following oral decision.
--"Having heard the evidence and having seen the video coverage we are satisfied that with about 1900m to run Mr Butt's horse and Mr Chmiel's horse were abreast. We are satisfied that Mr Butt then tried to push Mr Chmiel down onto the marker line when he did not have an advantage and that as a result Mr Butt's horse broke. We therefore find the charge proved."
--Penalty: Mr Escott advised that Mr Butt had a previous conviction for careless driving in July this year, and that Mr Butt has very few drives, averaging about one drive per meeting. Mr Escott asked Mr Butt if he would prefer a suspension to a fine, and Mr Butt agreed that he would. Mr Escott recommended a suspension for four meetings which would include the Rangiora meeting on 18 December 2005.
--Mr Butt did not dispute the recommended penalty. We were satisfied that the proposed penalty was an appropriate one in all the circumstances. Accordingly Mr Butt was suspended from after the conclusion of racing on 1 December 2005 until after the conclusion of racing on 18 December 2005, which is effectively a 4 days suspension.
----
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: 02a3a8eb16471a34c0d9bbad61c2d7a8
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/12/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC - 1 December 2005 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 1, the PlaceMakers Cranford St Race Night Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. A Butt, the driver of "Lotsa Speed" (7), alleging that he had committed a breach of Rule 869(3)(b).
--
DECISION AND REASONS:
--Following the running of Race 1, the PlaceMakers Cranford St Race Night Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr M. A Butt, the driver of "Lotsa Speed" (7), alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that M. A Butt caused his own horse to break when attempting to move Thisdudescruisin (T. S. Chmiel) down on the track ? careless driving."
--Rule 869(3)(b) reads as follows.
--"No horseman in any race shall drive carelessly."
----
Mr Butt indicated on the information that he did not admit the breach
--of this rule, and he confirmed this at the hearing.
--Mr Escott called Mr Chmiel to give evidence, and he said that Mr Butt moved up alongside him and put pressure on to try and move him down to the marker line. Mr Chmiel also said that Mr Butt did not have an "advantage" over him and that he held his ground. As a result Mr Butt's horse broke.
--Stipendiary Steward Mr McIntyre used video coverage of this incident to illustrate what had happened. It was seen that Mr Chmiel had moved out into the two wide line to trail another horse. Shortly after Mr Butt had moved up alongside and had tried to move Mr Chmiel inwards.
--Mr Butt put it to Mr Chmiel that there was not much pressure between them and that they were just going along together when his horse broke. It was Mr Butt's evidence that he was not putting pressure on Mr Chmiel, and that he was not trying to push Mr Chmiel down.
--Mr Butt also raised the question of the push out rule, but it was clear that the Stipendiary Stewards did not consider that this rule applied in the present case.
--After hearing the evidence we adjourned to consider our decision. The evidence from Mr Chmiel and the video evidence clearly showed that Mr Butt had tried to move Mr Chmiel down when he did not have the required advantage. This attempt continued for some distance until Mr Butt's horse eventually broke.
--On returning to the Enquiry Room we gave the following oral decision.
--"Having heard the evidence and having seen the video coverage we are satisfied that with about 1900m to run Mr Butt's horse and Mr Chmiel's horse were abreast. We are satisfied that Mr Butt then tried to push Mr Chmiel down onto the marker line when he did not have an advantage and that as a result Mr Butt's horse broke. We therefore find the charge proved."
--Penalty:
Mr Escott advised that Mr Butt had a previous conviction for careless driving in July this year, and that Mr Butt has very few drives, averaging about one drive per meeting. Mr Escott asked Mr Butt if he would prefer a suspension to a fine, and Mr Butt agreed that he would. Mr Escott recommended a suspension for four meetings which would include the Rangiora meeting on 18 December 2005.--Mr Butt did not dispute the recommended penalty. We were satisfied that the proposed penalty was an appropriate one in all the circumstances. Accordingly Mr Butt was suspended from after the conclusion of racing on 1 December 2005 until after the conclusion of racing on 18 December 2005, which is effectively a 4 days suspension.
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fe9df31f3dd78c8581d3f88030d7e122
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: 7b463f9fc3faa5c95f492d5da0b469a0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/12/2005
meet_title: Rangiora HRC - 1 December 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Rangiora HRC