Waikato BOP H 16 May 2019 – R 6 – Chair, Mr A Dooley
ID: JCA13265
Meet Title:
Cambridge - Te Awamutu HRC - 16 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2019/05/16
Race Number:
R6
Decision:
As Mr Butcher admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr D Butcher had his license to drive in races suspended for a period to commence after racing on 17 May 2019 and conclude after racing on 23 May 2019. This encompasses the 2 day meeting at Manawatu.
Facts:
Following the running of race 6, Carricks Financial Partners For Life Mobile Pace 2700m, an Information was filed pursuant to Rule 869 (3)(b). The Informant, Mr Mulcay, alleged that Mr D Butcher drove carelessly passing the 1000 metres causing interference to ERROL FINN (S Abernethy) which broke and was retired from the event.
Mr Butcher said that he understood the Rule and confirmed his admission of the breach.
Rule 869(3)(b) provides: No horseman in any race shall drive:- (b) carelessly.
Mr Mulcay demonstrated the incident using the available video footage. He identified that Mr Butcher was racing outside the leader ERROL FINN with 1100 metres to run. He observed that Mr Abernethy was having difficulty restraining ERROL FINN. He stated that Mr Butcher drove carelessly passing the 1000 metres when he shifted his horse down to the marker pegs. In doing so he caused interference to ERROL FINN and as a result that runner broke, lost all chance and was retired from the race.
Mr Butcher said that he had all but got past ERROL FINN but acknowledged that he clipped the front legs of that runner. He said he misjudged his inward manoeuvre.
Submissions for Penalty:
Mr Mulcay produced Mr Butcher’s record which showed his previous careless driving breach occurred on 2 June 2018. He advised that Mr Butcher has had 460 drives since that breach. Mr Mulcay said that JCA Penalty Guide starting point was a suspension of 10 drives or a $500 fine. He said the Stewards' policy was to recommend a suspension for this type of breach. He told the Committee that Mr Butcher would have a good book of drives at the upcoming Manawatu two day meeting. Mr Mulcay submitted a 2 day suspension would be an appropriate penalty.
Mr Butcher said that any proposed suspension could start after racing at Alexandra Park on 17 May. He said that he did not require a deferment.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The Committee adopted the JCA Penalty Guide starting point of a 10 drives suspension.
When viewing the video footage it was evident that Mr Butcher allowed his drive to shift down to the marker pegs when not sufficiently clear of ERROL FINN. As a result that runner suffered interference which caused it to break and lose all chance.
Mitigating factors were Mr Butcher’s admission of the breach and his excellent record for a busy driver. For these collective factors we applied a discount.
After taking into account all matters the Committee considered an appropriate suspension was 2 days.
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: 59e3e60a6c867d2d79fe107ff228722b
informantnumber: A9157
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/05/2019
hearing_title: Waikato BOP H 16 May 2019 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, Carricks Financial Partners For Life Mobile Pace 2700m, an Information was filed pursuant to Rule 869 (3)(b). The Informant, Mr Mulcay, alleged that Mr D Butcher drove carelessly passing the 1000 metres causing interference to ERROL FINN (S Abernethy) which broke and was retired from the event.
Mr Butcher said that he understood the Rule and confirmed his admission of the breach.
Rule 869(3)(b) provides: No horseman in any race shall drive:- (b) carelessly.
Mr Mulcay demonstrated the incident using the available video footage. He identified that Mr Butcher was racing outside the leader ERROL FINN with 1100 metres to run. He observed that Mr Abernethy was having difficulty restraining ERROL FINN. He stated that Mr Butcher drove carelessly passing the 1000 metres when he shifted his horse down to the marker pegs. In doing so he caused interference to ERROL FINN and as a result that runner broke, lost all chance and was retired from the race.
Mr Butcher said that he had all but got past ERROL FINN but acknowledged that he clipped the front legs of that runner. He said he misjudged his inward manoeuvre.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Butcher admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Butcher’s record which showed his previous careless driving breach occurred on 2 June 2018. He advised that Mr Butcher has had 460 drives since that breach. Mr Mulcay said that JCA Penalty Guide starting point was a suspension of 10 drives or a $500 fine. He said the Stewards' policy was to recommend a suspension for this type of breach. He told the Committee that Mr Butcher would have a good book of drives at the upcoming Manawatu two day meeting. Mr Mulcay submitted a 2 day suspension would be an appropriate penalty.
Mr Butcher said that any proposed suspension could start after racing at Alexandra Park on 17 May. He said that he did not require a deferment.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The Committee adopted the JCA Penalty Guide starting point of a 10 drives suspension.
When viewing the video footage it was evident that Mr Butcher allowed his drive to shift down to the marker pegs when not sufficiently clear of ERROL FINN. As a result that runner suffered interference which caused it to break and lose all chance.
Mitigating factors were Mr Butcher’s admission of the breach and his excellent record for a busy driver. For these collective factors we applied a discount.
After taking into account all matters the Committee considered an appropriate suspension was 2 days.
penalty:
Accordingly, Mr D Butcher had his license to drive in races suspended for a period to commence after racing on 17 May 2019 and conclude after racing on 23 May 2019. This encompasses the 2 day meeting at Manawatu.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr D Butcher - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d464d26731b4167cabb2c7b79f928b3d
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: eb7fbbca0bc1146a521479c0e5196f2a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/05/2019
meet_title: Cambridge - Te Awamutu HRC - 16 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Cambridge - Te Awamutu HRC