Timaru HRC 24 April 2019 – R 8 – Chair, Mr S Ching
ID: JCA15407
Meet Title:
Timaru HRC - 24 April 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/04/24
Race Number:
R8
Decision:
The charge was found proved.
Penalty:
Accordingly, Mr Butt was fined the sum of $250.
Facts:
Following the running of Race 8, the Lion Beverages Handicap Trot, information was filed by Stipendiary Steward Mr S Renault against Open Horseman, Mr D Butt, alleging a breach of Rule 869(5) in that he failed to trail behind the sulky seat of the horse in front.
Rule 869(5) reads:
(5) A horseman shall trail with his horse's head behind the seat of the sulky being trailed.
Mr Butt confirmed to the hearing that he understood the rule he was being charged with and that he did not admit the breach.
Submissions for Decision:
Mr Renault gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mrs C Tibbs, to show that in the back straight and near the 900m, Mr Butt, driving MARIA TSARINA, was three back on the outside and midfield. Mr Renault pointed out GLOBE TREKKER, driven by Mrs A Lethaby shift out into the 3 wide line behind Mr Butt. He used back straight films to show Mr Butt shift ½ out and trail the wheel of SPEEDY COMMAND, driven by Mr T Trathen, for 300m down the back straight. Mr Renault stated that with Mr Butt racing on the wheel of SPEEDY COMMAND, Mrs Lethaby was reluctant to improve and unsure of what Mr Butt was doing, as if she tried to improve past him, he would have shifted out forcing her wider. He said that at the 500m, Mrs Lethaby attempted to improve past Mr Butt and he immediately shifted out from his ½ out position forcing her wider on the track. He summed up by stating the films clearly showed that Mr Butt had ½ carted from the 850m to the 550m by failing to trail his horse's head behind the sulky seat of the horse he was trailing.
Mr Butt stated that he did not even know that Mrs Lethaby was behind him and looking to improve. He said that MARIA TSARINA always runs out in the straights and in on the bends. Mr Butt said that the films show his horse's head turned in in the straights and shifting back down on the turns. He added that when Mrs Lethaby went to improve past, he was always going to pull out as well.
Reasons for Decision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 850m to run, Mr Butt driving MARIA TSARINA, was trailing SPEEDY COMMAND, and for approximately 300m in the back straight, trailed with his horse's head on the wheel of SPEEDY COMMAND, not in the required position behind the sulky seat of the horse being trailed. The Committee determined the films were clear and conclusive that Mr Butt was not in the correct trailing position during this period of the race for approximately 300m.
Submissions for Penalty:
Mr Renault stated that Mr Butt drove on 15 occasions last season with 19 to date this season. He said the JCA Penalty Guide provided a starting point of 4 drives or a fine of $200 for breach of this rule and that Mr Butt had a clear record in relation to this Rule. Mr Renault submitted that due to the distance that Mr Butt ½ carted, an uplift in penalty be considered to the $200 starting point. He submitted that a fine was an appropriate penalty in this case and asked that a $250 fine be considered as penalty.
Mr Butt stated that a fine of $200 would be adequate for the level of the breach. He said it is difficult these days to get race day drives.
Reasons for Penalty:
The JCA Penalty Guide provides a $200 fine of a 4-drive suspension for a breach of this rule. We determined that a fine was appropriate and adopted the $200 starting point for a mid-range breach. We agree with Mr Renault that the distance that Mr Butt ½ carted for was an aggravating factor which warranted an uplift in penalty. This uplift we set at $100. We were however able to afford Mr Butt a discount for his clear record. This discount we set at $50.
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: 8eac6617d6a4108f35bb77976e2a1a93
informantnumber: A11374
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(5)-Half carting
plea: denied
penaltyrequired: 1
decisiondate: 27/04/2019
hearing_title: Timaru HRC 24 April 2019 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Lion Beverages Handicap Trot, information was filed by Stipendiary Steward Mr S Renault against Open Horseman, Mr D Butt, alleging a breach of Rule 869(5) in that he failed to trail behind the sulky seat of the horse in front.
Rule 869(5) reads:
(5) A horseman shall trail with his horse's head behind the seat of the sulky being trailed.
Mr Butt confirmed to the hearing that he understood the rule he was being charged with and that he did not admit the breach.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mrs C Tibbs, to show that in the back straight and near the 900m, Mr Butt, driving MARIA TSARINA, was three back on the outside and midfield. Mr Renault pointed out GLOBE TREKKER, driven by Mrs A Lethaby shift out into the 3 wide line behind Mr Butt. He used back straight films to show Mr Butt shift ½ out and trail the wheel of SPEEDY COMMAND, driven by Mr T Trathen, for 300m down the back straight. Mr Renault stated that with Mr Butt racing on the wheel of SPEEDY COMMAND, Mrs Lethaby was reluctant to improve and unsure of what Mr Butt was doing, as if she tried to improve past him, he would have shifted out forcing her wider. He said that at the 500m, Mrs Lethaby attempted to improve past Mr Butt and he immediately shifted out from his ½ out position forcing her wider on the track. He summed up by stating the films clearly showed that Mr Butt had ½ carted from the 850m to the 550m by failing to trail his horse's head behind the sulky seat of the horse he was trailing.
Mr Butt stated that he did not even know that Mrs Lethaby was behind him and looking to improve. He said that MARIA TSARINA always runs out in the straights and in on the bends. Mr Butt said that the films show his horse's head turned in in the straights and shifting back down on the turns. He added that when Mrs Lethaby went to improve past, he was always going to pull out as well.
reasonsfordecision:
The Committee carefully considered the evidence presented and the video coverage of the incident. We were satisfied that with about 850m to run, Mr Butt driving MARIA TSARINA, was trailing SPEEDY COMMAND, and for approximately 300m in the back straight, trailed with his horse's head on the wheel of SPEEDY COMMAND, not in the required position behind the sulky seat of the horse being trailed. The Committee determined the films were clear and conclusive that Mr Butt was not in the correct trailing position during this period of the race for approximately 300m.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault stated that Mr Butt drove on 15 occasions last season with 19 to date this season. He said the JCA Penalty Guide provided a starting point of 4 drives or a fine of $200 for breach of this rule and that Mr Butt had a clear record in relation to this Rule. Mr Renault submitted that due to the distance that Mr Butt ½ carted, an uplift in penalty be considered to the $200 starting point. He submitted that a fine was an appropriate penalty in this case and asked that a $250 fine be considered as penalty.
Mr Butt stated that a fine of $200 would be adequate for the level of the breach. He said it is difficult these days to get race day drives.
reasonsforpenalty:
The JCA Penalty Guide provides a $200 fine of a 4-drive suspension for a breach of this rule. We determined that a fine was appropriate and adopted the $200 starting point for a mid-range breach. We agree with Mr Renault that the distance that Mr Butt ½ carted for was an aggravating factor which warranted an uplift in penalty. This uplift we set at $100. We were however able to afford Mr Butt a discount for his clear record. This discount we set at $50.
penalty:
Accordingly, Mr Butt was fined the sum of $250.
hearing_type: Hearing
Rules: 869 (5)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: D Butt-Open Horseman
Otherperson: Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 13875d6a24ee3be432640cb54476c19b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5acc316cbfb99e367042b9049f6ab23
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/04/2019
meet_title: Timaru HRC - 24 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Timaru HRC