Rangiora HRC – 3 July 2005 –

Following the running of Race 2, Cavalier Trotting Products Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr M A Butt, alleging that Mr Butt drove carelessly with approximately 500 metres to run resulting in interference to SUNSHINE SONG.

Mr Butt did not admit the charge.

Mr Williams informed the Committee that he wished to rely on the evidence given on behalf of the Informant at the earlier protest hearing. He added a further submission that, in anticipation of Mr Butt's alleging that he was maintaining his line behind HANGER PRIDE (I R Cameron), HANGER PRIDE was 3-wide when it came out, while Mr Butt may have been able to occupy a space outside that horse, Mr Butt needed to be cognisant of what was going on inside him. By applying pressure to Mr Anderson, Mr Anderson, who had shifted out legitimately and had called for room had nowhere to go, broke and lost all chance in the race.

Mr Butt submitted that just because Mr Anderson had moved out did not mean that he had to shift out to make room for Mr Anderson. He did not believe that Mr Anderson had an advantage over him. Mr Butt said that he was "3-wide the whole way" and Mr Anderson had tried to come out to Mr Butt's position. Mr Butt stated that he did not leave Mr Cameron's back and that Mr Anderson had run out of room because he could not get out as Mr Butt was "hard up". Mr Anderson had tried to push him out, Mr Butt submitted.

Mr Williams submitted that Mr Anderson always had an advantage over Mr Butt until the point

when the pressure became too great and Mr Anderson had to restrain. SUNSHINE SONG broke

as a result of the pressure.

Following a brief deliberation, the Committee delivered the following oral decision:

"I have heard the further submissions of Mr Williams and the evidence of Mr Butt in relation to this charge of careless driving. Following the earlier protest hearing, I found that interference had been caused to SUNSHINE SONG, driven by Mr Anderson, with approximately 500 metres to run by Mr Butt as the driver of LOTSA SPEED as a result of which SUNSHINE SONG broke and lost all chance. I have seen or heard nothing in this hearing to make me change my mind in this regard. I am satisfied that Mr Anderson had legitimately moved SUNSHINE SONG out into the 3-wide line on the back of HANGER PRIDE (I R Cameron). I believe that Mr Anderson was in the 3-wide line prior to Mr Butt, who had been progressing 3-wide, came up alongside. Mr Butt then attempted to get onto the back of HANGER PRIDE but was not entitled to do so as Mr Anderson had beaten him to that position and, at all relevant times, I believe, had an advantage over Mr Butt who was therefore not entitled to attempt to ease back down. In putting pressure on Mr Anderson on his inside by attempting to get on Mr Cameron's back while Mr Anderson was already out and on Mr Cameron's back, I am satisfied that Mr Butt had driven carelessly ? that is to say, his driving was not of the standard of a reasonable and prudent driver on this occasion."

Mr Williams stated that Mr Butt is an experienced and senior horseman, the holder of an Open Horseman's Licence. He has a clean record in the last 12 months. Mr Butt is only very rarely in the Stipendiary Stewards' room. However, on this occasion, his careless driving has resulted in a relegation and, while a "minor race", he suggested a suspension for a period of 2-3 days.

Mr Butt had no submissions to make in relation to penalty.

In determining penalty, the Committee took into account Mr Butt's very good race driving record. A 3-day suspension would be appropriate for this breach but, having regard to Mr Butt's record, he was suspended up to and including 14 July 2005, effectively 2 driving days.