Rangiora HRC 7 May 2017 – R 3 – Chair, Mr S Ching
ID: JCA17333
Meet Title:
Rangiora HRC - 7 May 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/05/07
Race Number:
R3
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’s Horseman’s license is suspended from the conclusion of racing on 7 May up to and including 19 May 2017. Meetings encompassed in this period are Addington on 12 May, Timaru on 14 May and Addington on 19 May 2017.
Facts:
Following the running of Race 3, the Oxford Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr B Butt, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Butt had endorsed the information that the breach was admitted. Mr Butt had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays of the run home, with the assistance of Stipendiary Steward, Mr R Quirk. He pointed out Mr Butt driving HASHTAG positioned 3 wide and in a prominent position as the field entered the final straight. Mr Wallis showed Mr Butt draw the whip and use it free of the rein on 6 occasions in a fore hand manner before using the whip on 3 more occasions free of the rein in a backhand manner. He said Mr Butt then used the whip on a further 3 occasions in a fore hand manner followed by 4 more backhanders making a total of 16 strikes which was clearly well outside the Whip Guideline limit of 10.
Submissions for Penalty:
Mr Wallis stated that Mr Butt was a reasonably busy driver with 149 drives last season and 107 drives to date this season. Mr Wallis stated that Mr Butt had a previous breach of this rule at Westport on 28 December 2016 where he received a $300 fine. He said Mr Butt had readily admitted the breach but that the aggravating factor in this case was the number of strikes being 16. He said the JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 6 months and submitted that after taking all factors into consideration, a 3-day suspension be considered as penalty in this case.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 6 months. In this particular case, we adopted a starting point of a 3-day suspension but due to the aggravating factor being the number of strikes, an uplift in penalty was warranted, which we set at 1 day taking the penalty to a 4-day suspension. The Committee, however, were able to afford Mr Butt a discount of 1 day for his frank admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
JCA Decision Fields (raw)
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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: f9d70ad850b361eeb97acefd1d884e0a
informantnumber: A9053
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 10/05/2017
hearing_title: Rangiora HRC 7 May 2017 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Oxford Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr B Butt, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr Butt had endorsed the information that the breach was admitted. Mr Butt had also endorsed the information that he did not wish to be present at the hearing which was confirmed by Mr Wallis.
Mr Wallis gave evidence and showed video replays of the run home, with the assistance of Stipendiary Steward, Mr R Quirk. He pointed out Mr Butt driving HASHTAG positioned 3 wide and in a prominent position as the field entered the final straight. Mr Wallis showed Mr Butt draw the whip and use it free of the rein on 6 occasions in a fore hand manner before using the whip on 3 more occasions free of the rein in a backhand manner. He said Mr Butt then used the whip on a further 3 occasions in a fore hand manner followed by 4 more backhanders making a total of 16 strikes which was clearly well outside the Whip Guideline limit of 10.
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 Wallis stated that Mr Butt was a reasonably busy driver with 149 drives last season and 107 drives to date this season. Mr Wallis stated that Mr Butt had a previous breach of this rule at Westport on 28 December 2016 where he received a $300 fine. He said Mr Butt had readily admitted the breach but that the aggravating factor in this case was the number of strikes being 16. He said the JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 6 months and submitted that after taking all factors into consideration, a 3-day suspension be considered as penalty in this case.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of a 3 to 5-day suspension for a 2nd breach of this rule within 6 months. In this particular case, we adopted a starting point of a 3-day suspension but due to the aggravating factor being the number of strikes, an uplift in penalty was warranted, which we set at 1 day taking the penalty to a 4-day suspension. The Committee, however, were able to afford Mr Butt a discount of 1 day for his frank admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Butt’s Horseman’s license is suspended from the conclusion of racing on 7 May up to and including 19 May 2017. Meetings encompassed in this period are Addington on 12 May, Timaru on 14 May and Addington on 19 May 2017.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: B Butt-Licensed Open Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b82c77d7c6294c39a68f24cc45e4b11f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4fc7c32e046b5738f23d499a21d30886
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/05/2017
meet_title: Rangiora HRC - 7 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Rangiora HRC