Reefton TC 10 March 2013 – R 8
ID: JCA12561
Meet Title:
Reefton TC - 10 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/10
Race Number:
R 8
Decision:
The charge was found proved.
Penalty:
On resuming the hearing we gave our reasons and advised that Mr Butt was fined the sum of $250.
Charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
Facts:
Following the running of Race 8, the Floorpride Rangiora Inangahua Grey Valley Cup , an Information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman Mr D J Butt alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip on “Cam Before The Storm” excessively in the run home.”
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.”
Submissions for Decision:
Mr Butt had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that Mr Butt driving “Cam Before The Storm” when in contention, used his whip on 19 occasions with only one discernible pause in the run home. Mr Ydgren submitted that this was clearly in contravention of the whip guidelines and Rules as enforced by the Stewards. Mr Ydgren stated that these 19 strikes were all within the final 200m of the race. He also stated that the guidelines were clear and quoted that excessive use of the whip means “too much and relates to the number of times and /or force with which the whip is used” and “At no stage of a race will Stewards permit continuous use of the whip” and” Horseman must show distinct pauses between the whip being used”.
Mr Butt in defence said that “Cam Before The Storm” was in contention on the home turn and he was doing his best to gain the best possible placing for the connections and punters. Mr Butt stated he did not start using the whip until the last 100 metres of the race. He submitted that the use of the whip was not forceful. He also submitted that most of the strikes were not strikes but flicks and in his opinion should not be counted as they were not hard.
Mr Ydgen, in answer to a question from the Committee, stated that flicks with the whip are considered use of the whip and therefore strikes of the whip.
Reasons for Decision:
We carefully considered the evidence presented and the video coverage of the alleged breach. It was clear to the Committee that 19 strikes with the whip, with only one discernible pause over the final 200 metres, was excessive. Mr Butt’s defence was that the whip was being used in a flicking action, not a striking action. We were satisfied that the flicks of the whip were strikes of the whip and therefore use of the whip that was excessive.
Submissions for Penalty:
In relation to penalty Mr Ydgren submitted that Mr Butt was an experienced driver with a clear record in regard to this Rule but probably should have known better. He stated that for an admitted breach of this Rule with a clear record the Stewards would normally be recommending a $200 fine. However he stated that Mr Butt should get no credit as standard with an admitted breach and submitted that a fine of between $200 and $250 be considered. The Stewards believed that this was a black and white case.
Mr Butt submitted that his clear record should be taken into consideration and that a warning would be a sufficient penalty.
Reasons for Penalty:
We took into account that Mr Butt was an experienced horseman, had a clear penalty record and that he had not admitted this breach. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $250 should be imposed in this case.
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: 37bd11a462eea52a2e222ebd8796826d
informantnumber: A4982
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Reefton TC 10 March 2013 - R 8
charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
facts:
Following the running of Race 8, the Floorpride Rangiora Inangahua Grey Valley Cup , an Information was filed by Stipendiary Steward Mr N M Ydgren against Open Horseman Mr D J Butt alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip on “Cam Before The Storm” excessively in the run home.”
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Butt had indicated on the Information that this breach of the Rules was not admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage to show that Mr Butt driving “Cam Before The Storm” when in contention, used his whip on 19 occasions with only one discernible pause in the run home. Mr Ydgren submitted that this was clearly in contravention of the whip guidelines and Rules as enforced by the Stewards. Mr Ydgren stated that these 19 strikes were all within the final 200m of the race. He also stated that the guidelines were clear and quoted that excessive use of the whip means “too much and relates to the number of times and /or force with which the whip is used” and “At no stage of a race will Stewards permit continuous use of the whip” and” Horseman must show distinct pauses between the whip being used”.
Mr Butt in defence said that “Cam Before The Storm” was in contention on the home turn and he was doing his best to gain the best possible placing for the connections and punters. Mr Butt stated he did not start using the whip until the last 100 metres of the race. He submitted that the use of the whip was not forceful. He also submitted that most of the strikes were not strikes but flicks and in his opinion should not be counted as they were not hard.
Mr Ydgen, in answer to a question from the Committee, stated that flicks with the whip are considered use of the whip and therefore strikes of the whip.
reasonsfordecision:
We carefully considered the evidence presented and the video coverage of the alleged breach. It was clear to the Committee that 19 strikes with the whip, with only one discernible pause over the final 200 metres, was excessive. Mr Butt’s defence was that the whip was being used in a flicking action, not a striking action. We were satisfied that the flicks of the whip were strikes of the whip and therefore use of the whip that was excessive.
Decision:
The charge was found proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren submitted that Mr Butt was an experienced driver with a clear record in regard to this Rule but probably should have known better. He stated that for an admitted breach of this Rule with a clear record the Stewards would normally be recommending a $200 fine. However he stated that Mr Butt should get no credit as standard with an admitted breach and submitted that a fine of between $200 and $250 be considered. The Stewards believed that this was a black and white case.
Mr Butt submitted that his clear record should be taken into consideration and that a warning would be a sufficient penalty.
reasonsforpenalty:
We took into account that Mr Butt was an experienced horseman, had a clear penalty record and that he had not admitted this breach. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $250 should be imposed in this case.
penalty:
On resuming the hearing we gave our reasons and advised that Mr Butt was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D J Butt - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b19973b21ea3c7cc3b7815a67d2abe27
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 796a15fa6f22e190790b845083e3bfc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2013
meet_title: Reefton TC - 10 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Reefton TC