Rangiora HRC 3 January 2019 – R 6 – Chair, Mr S Ching
ID: JCA13395
Meet Title:
Rangiora HRC - 3 January 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/01/03
Race Number:
R6
Decision:
As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Butt Horseman’s Licence is suspended from the conclusion of racing 8 January up to and including 16 January 2019.
Relevant meetings encompassed in this period of suspension are Nelson on 11 January, Nelson on 13 January and Timaru on 16 January 2019.
Facts:
Following the running of Race 6, the Cutts Above Roofing Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault 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. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Butt driving THE DUDE, positioned 3 back and 1 out, as the field turned for home, near the 300m. At the 250m Mr Butt drew the whip and used it in a fore hand, striking motion on 13 occasions prior to the line. Mr Butt did not dispute the number of strikes, Mr Renault said.
Submissions for Penalty:
Mr Renault stated that Mr Butt had a previous breach of this rule being on 16 December 2018 at Rangiora where he received a $200 fine for a low range breach. 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 Renault stated that the breach was low level and submitted that a 3-day suspension be considered as penalty.
Mr Renault stated that Mr Butt had requested a deferment until after Oamaru on 8 January as he had driving commitments there.
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. This Committee also assessed the breach as low level and 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.
Mr Butt's request for a deferment until after racing 8 January is granted.
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: 6cd20be241e31bc7a92975b23538643b
informantnumber: A11352
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 04/01/2019
hearing_title: Rangiora HRC 3 January 2019 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Cutts Above Roofing Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault 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. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Butt driving THE DUDE, positioned 3 back and 1 out, as the field turned for home, near the 300m. At the 250m Mr Butt drew the whip and used it in a fore hand, striking motion on 13 occasions prior to the line. Mr Butt did not dispute the number of strikes, Mr Renault said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Mr Butt had a previous breach of this rule being on 16 December 2018 at Rangiora where he received a $200 fine for a low range breach. 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 Renault stated that the breach was low level and submitted that a 3-day suspension be considered as penalty.
Mr Renault stated that Mr Butt had requested a deferment until after Oamaru on 8 January as he had driving commitments there.
reasonsforpenalty:
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. This Committee also assessed the breach as low level and 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.
Mr Butt's request for a deferment until after racing 8 January is granted.
penalty:
Accordingly, Mr Butt Horseman’s Licence is suspended from the conclusion of racing 8 January up to and including 16 January 2019.
Relevant meetings encompassed in this period of suspension are Nelson on 11 January, Nelson on 13 January and Timaru on 16 January 2019.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr B Butt - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 25c419f99ca767b7cbc7726196f9fa31
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: a6dd20be80b1a5b6dd736f6e36374fa8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/01/2019
meet_title: Rangiora HRC - 3 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Rangiora HRC