Waikato BOP H 18 March 2021 – R 5 (heard 26 March 2021 at Alexandra Park) – Chair, Mr G Jones
ID: JCA19160
Hearing Type (Code):
harness-racing
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr Z Butcher – Driver LIAISON
Information No: A10350
Meeting: Waikato Bay of Plenty Harness
Date: 18 March 2021 (heard 26 March 2021 at Alexandra Park)
Venue: Cambridge Raceway
Race: 5
Rule No: 868(3)
Judicial Committee: Mr G Jones, Chair
Also Present: Mr A Dooley – Stipendiary Steward
Mr I McHardy (JCA Observer)
Plea: Admitted
FACTS:
This charge arises from the running of Race 5, the Dunstan Feeds Handicap Trot, at the Waikato BoP Harness race meeting at Cambridge on 18 March 2021. Following the race Information Number A10350 was filed by the Informant, Mr Mulcay, alleging that Open Driver, Mr Z Butcher, the Driver of the second placed horse LIAISON, did not drive his horse out to the end of the race when there was a reasonable chance of finishing in first place.
The particulars of the charge are as follows:
On 18 March 2021, at the Waikato BoP Harness race meeting at Cambridge, in race 5 Mr Z Butcher failed to drive his horse out to the end of the race when he had a reasonable chance of running first. An alleged breach of Rule 868(3) of the New Zealand Rules of Harness Racing.
LIAISON finished second (beaten a nose by AS FREE AS AIR driven by Mr A Poutama). The investigation into this breach was opened after the race and an Information was filed and the matter adjourned. At that time Mr Butcher endorsed the Information “I do not admit the breach of the Rule”. As a result, the charge was heard prior to the commencement of racing at Alexandra Park on Friday, 26 March 2021.
At the commencement of the adjourned hearing Mr Butcher said that he wished to change his plea and admit the breach. The Information was amended accordingly. Mr Butcher also confirmed that he understood the Rule and the nature of the charge.
Rule 868(3) provides:
(3) Every driver shall drive his or her horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.
Using available race films Mr Mulcay demonstrated the breach. He showed various head and side-on footage of the race from the start to the finish. He said that during the running of the race there was no apparent problem with LIAISON’S gait. He pointed out that shortly after the start Mr Butcher activated the hood and from the 1400 metres it raced without cover outside the leader AS FREE AS AIR for the entire last lap of the race.
Mr Mulcay said that entering the home straight 3 horses were contesting the lead; namely AS FREE AS AIR on the marker line; LIAISON on its outer and in turn PRESIDENTIAL JEWEL (Mr T Mitchell) was on its outside. He said that in the run up the straight LIAISON and AS FREE AS AIR were locked together fighting out the finish. Inside the final 200 metres he pointed out that Mr Butcher flicked his whip on only one occasion. AS FREE AS AIR won the race by a nose.
Mr Mulcay said that, that it is the Stewards’ case that Mr Butcher was required to drive his horse out to the finish when there was a reasonable chance of finishing in a better placing. He said that LIAISON finished second and had Mr Butcher showed more vigour there was a reasonable chance LIAISON may have won the race.
Mr Mulcay provided the Committee with a summary of LIAISON’S previous race starts and in particular he referred to its last 3 starts in which it broke in the running and as a result was required to trial to the satisfaction of Stewards. He said that it subsequently did trial satisfactorily at the Pukekohe workouts on 13 March 2021.
Mr Mulcay also provided the Committee with detailed written submissions which are referred to later in this decision under the sub-heading Penalty Submissions.
In response Mr Butcher said that he did not activate the hood early in the race; rather it fell off. He said LIAISON tends to over-race and get wound up, particularly when racing left-handed. He said that LIAISON has broken in most of its Cambridge (raceway) starts and has a clear preference for racing right-handed. Further, he said he was conscious of the fact that going into the race LIAISON was on a warning due to its racing manners.
Mr Butcher said that he trialled LIAISON on 13 March 2021 and it trotted well, albeit the trial was right-handed. He added that he drove LIAISON at its previous start, and it broke during the running for no apparent reason.
Mr Butcher acknowledged that his lack of vigour in the home straight was “not a good look from a public perception perspective”. He added that he put the horse in the best possible position to win the race but in hindsight should have done more. In conclusion Mr Butcher said that he was concerned LIAISON may have galloped and he tried his best to get to the finish without breaking.
DECISION:
As Mr Butcher admitted the breach the Committee found the charge proved.
PENALTY SUBMISSIONS:
Mr Mulcay made the following submissions:
1.-That public confidence is paramount as the Industry is driven by the gambling dollar.
2.-That public perception that a horse is being asked by its driver to give of its best is essential in maintaining public confidence in the integrity of the Industry.
3.-That this Rule places a requirement upon a Driver of a horse that is figuring in the finish to ensure this perception is met.
4.-That a breach of this Rule is an offence of strict liability which does afford the defendant the opportunity of putting forward submissions in defence of the charge.
5.-That the Rule does not distinguish between different classes of horses nor horses of different levels of experience or tractability but, it is fair to say that Stewards do take these matters into consideration when assessing a potential breach.
6.-That the Rule does not require a horse to be driven aggressively with the whip but does place the onus on the Driver to drive his horse out to the end of the race if such horse has a reasonable chance of running 1st, 2nd, 3rd, 4th or 5th.
7.-That from a Steward’s perspective that this means displaying vigour until the end of the race; with vigour able to be defined as energy and that the degree of vigour can be dependent on a number of variables – which may include how a horse is travelling in its gait, its recent performance history and the run it has had throughout the race.
8.-That with regard to this case, LIAISON was racing on a warning after having galloped at its two most recent starts but had trialled well at the Pukekohe workouts on 13 March, when driven by Mr Butcher, leading into this event.
9.-That LIAISON was taken out to race outside the leader near the 1400m and appeared to be trotting solidly during the early part of the home straight. Mr Butcher did “flick” the gelding near the 100m with no apparent change in LIAISON’S gait, so it is submitted that it is certainly not unreasonable to expect that Mr Butcher, or any other reasonable and prudent Driver for that matter, to repeat this action over the final stages of the run home given that the gelding was fighting out the finish with the eventual winner AS FREE AS AIR.
10.-That Stewards maintain that Mr Butcher could have and should have done more over the final 100m in an attempt to comply with the requirements of the Rule. Should LIAISON have trotted roughly as a result of being driven out or given some clear indication that it may well break gait Mr Butcher would have then been justified with desisting with driving the gelding out, but that situation did not occur.
11.-That once he had reached the final 50m and given that LIAISON was clear of other runners except for AS FREE AS AIR, he did have more latitude to place his runner under pressure as if the gelding did gallop it would not be facing mandatory disqualification for breaking more than 50m. Further to this, relegation would not apply if he took the required immediate corrective action and LIAISON lost ground whilst in the break before finishing clear of the 3rd placed runner.
Mr Mulcay said Mr Butcher has a clear record in relation to this Rule and it is noteworthy that he has not breached any Rule in the past 12 months. He placed the breach in the low range. He said that Mr Butcher has had 294 drives this season and is regarded as a North Island Driver who also drives in the South Island when circumstances permit. He identified that although Mr Butcher has not driven at the two most recent Manawatu (mini-6 race) meetings he does regularly drive at that venue. This was raised on the basis that the next two North Island meetings are at the Manawatu course on 30 March and 1 April 2021 and may likely be covered in any proposed suspension of Mr Butcher’s licence.
Mr Mulcay referred to the JCA Penalty Guide which establishes the starting point at 15 drives (suspension) or $750 (fine). He said that Mr Butcher is a busy driver who generally has 7 or 8 drives per meeting. On that basis he said that Stewards submit a 15 drive (2-meeting) suspension would be appropriate. He added that if a suspension of more than 15 drives was contemplated, Stewards would favour a moderate fine in lieu of an increased period of suspension.
Mr Mulcay also advised that there were no betting irregularities and there was no reason to commission a post-race vet examination of LIAISON.
In response Mr Butcher advised that he did not seek a deferment to any proposed suspension. He confirmed that in assessing his drives, he regularly has a full book of drives (7 or 8) at most venues including meetings at the Manawatu Raceway.
PENALTY REASONS:
The JCA Penalty Guide for breaches of this Rule are on a sliding scale and are determined according to the placing lost. In this case LIAISON finished second when there was a reasonable chance it could have won the race. Where the placing lost is first place the JCA Penalty Guide starting point is set at a $750 fine or a 15-drive suspension.
After viewing the race films and considering the submissions of both Informant and Respondent the Committee placed Mr Butcher’s level of culpability in the mid-range. In addition, and in accordance with the Fifth Schedule of the Rules of Practice and Procedure for Judicial Committees due regard was had for the following factors which are set out at clause 5.1 (b, c, and d), namely:
5.1 (b) to uphold and maintain the high standards expected of those participating in the sport of racing and the racing industry.
5.1 (c) to uphold and maintain the integrity of the sport of racing and the racing industry; and
5.1 (d) to protect the participants in the sport of racing, the racing industry, and the public.
The reason for assessing this breach in the mid-range, is that over the concluding stages of the race Mr Butcher showed little or no vigour in the entire run up the home straight to the winning post. It was particularly noticeable that when LIAISON and the eventual winner (AS FREE AS AIR) were hotly contesting first place, Mr Butcher sat passively in his sulky in circumstances where you would expect a driver of his considerable skill and experience to have made a more determined effort to give his horse every opportunity to win the race. There is a clear lack discernible encouragement or effort on Mr Butcher’s part. As a consequence, AS FREE AS AIR won the race by a nose.
Mr Butcher explained that this was due to LIAISON’S racing manners during it previous starts, i.e., it broke under pressure for no apparent reason. Whilst this explanation is plausible and on the face of it reasonable; it does not absolve him of his responsibility to ensure that his drive was given every reasonable opportunity of finishing in first place. This lapse of judgement on Mr Butcher’s part is cold comfort to the connections of LIAISON, who potentially lost the difference between first place and second place Stakemoney, as well as the betting public, who potentially were denied the pay-out dividend for first place.
Breaches of this Rule are relatively rare. Since the introduction of the revised JCA Penalty Guide in 2017 there have been of 11 breaches of Rule 868(3), 9 of which have related to lost 3rd, 4th, and 5th placings. There have only been 2 cases where it was alleged in relation to the offending driver, there was a reasonable chance of finishing in 1st place, namely:
RIU v B McLellan (14/03/18) finished 2nd and suspended 6 days.
RIU v C Negus (26/03/20) finished 2nd and suspended 1 month and fined $400.
The 2 cases highlighted are only relevant to the extent that they reinforce the notion that each breach under this Rule is fact dependent and penalties in terms of any proposed suspension depend largely on the number of drives an offending driver would typically have at any one race meeting.
The Committee adopted the recommended starting point set out in the JCA Penalty Guide, namely 15 drives or $750 fine and then adjusted for the aggravating and mitigating factors which included:
1.-That there is a public perception element to this breach and that is the optics of Mr Butcher’s poor judgement leave open to scrutiny and speculation as to the integrity of the sport of Racing on the whole. On this occasion there is no evidence of anything untoward regarding bets placed on horses in the race which provides some confidence in terms of the integrity aspect of the breach.
2.-That in finishing in second place connections and punters were adversely affected.
3.-That the breach was blatant, and it would be generous to categorise it as a simple lapse of judgement.
4.-That Mr Butcher has a good record in relation to this Rule – (he referred to a breach 6 year ago resulting in a $300 fine), and his overall record is also particularly good.
5.-That although Mr Butcher initially denied the breach, which he is entitled to do, after further consideration, he admitted the charge. For his admission, a 1 drive deduction is applied.
6.-That narrowly missing first place is in-built into the penalty starting point, but it is only a starting point. And as highlighted earlier in this decision Mr Butcher’s culpability has been assessed to be in the mid-range and for that reason a 4-drive uplift is deemed appropriate and is applied.
The Committee was told that Mr Butcher is a busy Northern Reinsman who drives in the South Island when the opportunity exists. He drives regularly at all North Island meetings and it was agreed that on average would have 7 or 8 drives per meeting.
The penalty imposed must be consistent, meaningful and operate as a deterrent. Therefore, after weighing up the above factors it was determined (after adjustments) an 18-drive suspension is appropriate in this case. This equates to 2 (northern) meetings. A fine of $250 is also imposed. This equates the 3 or 4 drives in addition to the 14 or 15 drives that Mr Butcher may have had at the two pending Manawatu race days which are included in the suspension.
DECISION:
Accordingly, Mr Butcher’s Licence is suspended for 18 drives (2 days) commencing after racing 26 March 2021 and concluding after racing on 1 April 2021. In addition, a fine of $250 is imposed.
G Jones
Chair
Decision Date: 18/03/2021
Publish Date: 18/03/2021
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.
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hearing_racingtype: harness-racing
startdate: 18/03/2021
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Waikato BOP H 18 March 2021 - R 5 (heard 26 March 2021 at Alexandra Park) - Chair, Mr G Jones
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Mulcay – Senior Stipendiary Steward
Respondent: Mr Z Butcher – Driver LIAISON
Information No: A10350
Meeting: Waikato Bay of Plenty Harness
Date: 18 March 2021 (heard 26 March 2021 at Alexandra Park)
Venue: Cambridge Raceway
Race: 5
Rule No: 868(3)
Judicial Committee: Mr G Jones, Chair
Also Present: Mr A Dooley – Stipendiary Steward
Mr I McHardy (JCA Observer)
Plea: Admitted
FACTS:
This charge arises from the running of Race 5, the Dunstan Feeds Handicap Trot, at the Waikato BoP Harness race meeting at Cambridge on 18 March 2021. Following the race Information Number A10350 was filed by the Informant, Mr Mulcay, alleging that Open Driver, Mr Z Butcher, the Driver of the second placed horse LIAISON, did not drive his horse out to the end of the race when there was a reasonable chance of finishing in first place.
The particulars of the charge are as follows:
On 18 March 2021, at the Waikato BoP Harness race meeting at Cambridge, in race 5 Mr Z Butcher failed to drive his horse out to the end of the race when he had a reasonable chance of running first. An alleged breach of Rule 868(3) of the New Zealand Rules of Harness Racing.
LIAISON finished second (beaten a nose by AS FREE AS AIR driven by Mr A Poutama). The investigation into this breach was opened after the race and an Information was filed and the matter adjourned. At that time Mr Butcher endorsed the Information “I do not admit the breach of the Rule”. As a result, the charge was heard prior to the commencement of racing at Alexandra Park on Friday, 26 March 2021.
At the commencement of the adjourned hearing Mr Butcher said that he wished to change his plea and admit the breach. The Information was amended accordingly. Mr Butcher also confirmed that he understood the Rule and the nature of the charge.
Rule 868(3) provides:
(3) Every driver shall drive his or her horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.
Using available race films Mr Mulcay demonstrated the breach. He showed various head and side-on footage of the race from the start to the finish. He said that during the running of the race there was no apparent problem with LIAISON’S gait. He pointed out that shortly after the start Mr Butcher activated the hood and from the 1400 metres it raced without cover outside the leader AS FREE AS AIR for the entire last lap of the race.
Mr Mulcay said that entering the home straight 3 horses were contesting the lead; namely AS FREE AS AIR on the marker line; LIAISON on its outer and in turn PRESIDENTIAL JEWEL (Mr T Mitchell) was on its outside. He said that in the run up the straight LIAISON and AS FREE AS AIR were locked together fighting out the finish. Inside the final 200 metres he pointed out that Mr Butcher flicked his whip on only one occasion. AS FREE AS AIR won the race by a nose.
Mr Mulcay said that, that it is the Stewards’ case that Mr Butcher was required to drive his horse out to the finish when there was a reasonable chance of finishing in a better placing. He said that LIAISON finished second and had Mr Butcher showed more vigour there was a reasonable chance LIAISON may have won the race.
Mr Mulcay provided the Committee with a summary of LIAISON’S previous race starts and in particular he referred to its last 3 starts in which it broke in the running and as a result was required to trial to the satisfaction of Stewards. He said that it subsequently did trial satisfactorily at the Pukekohe workouts on 13 March 2021.
Mr Mulcay also provided the Committee with detailed written submissions which are referred to later in this decision under the sub-heading Penalty Submissions.
In response Mr Butcher said that he did not activate the hood early in the race; rather it fell off. He said LIAISON tends to over-race and get wound up, particularly when racing left-handed. He said that LIAISON has broken in most of its Cambridge (raceway) starts and has a clear preference for racing right-handed. Further, he said he was conscious of the fact that going into the race LIAISON was on a warning due to its racing manners.
Mr Butcher said that he trialled LIAISON on 13 March 2021 and it trotted well, albeit the trial was right-handed. He added that he drove LIAISON at its previous start, and it broke during the running for no apparent reason.
Mr Butcher acknowledged that his lack of vigour in the home straight was “not a good look from a public perception perspective”. He added that he put the horse in the best possible position to win the race but in hindsight should have done more. In conclusion Mr Butcher said that he was concerned LIAISON may have galloped and he tried his best to get to the finish without breaking.
DECISION:
As Mr Butcher admitted the breach the Committee found the charge proved.
PENALTY SUBMISSIONS:
Mr Mulcay made the following submissions:
1.-That public confidence is paramount as the Industry is driven by the gambling dollar.
2.-That public perception that a horse is being asked by its driver to give of its best is essential in maintaining public confidence in the integrity of the Industry.
3.-That this Rule places a requirement upon a Driver of a horse that is figuring in the finish to ensure this perception is met.
4.-That a breach of this Rule is an offence of strict liability which does afford the defendant the opportunity of putting forward submissions in defence of the charge.
5.-That the Rule does not distinguish between different classes of horses nor horses of different levels of experience or tractability but, it is fair to say that Stewards do take these matters into consideration when assessing a potential breach.
6.-That the Rule does not require a horse to be driven aggressively with the whip but does place the onus on the Driver to drive his horse out to the end of the race if such horse has a reasonable chance of running 1st, 2nd, 3rd, 4th or 5th.
7.-That from a Steward’s perspective that this means displaying vigour until the end of the race; with vigour able to be defined as energy and that the degree of vigour can be dependent on a number of variables – which may include how a horse is travelling in its gait, its recent performance history and the run it has had throughout the race.
8.-That with regard to this case, LIAISON was racing on a warning after having galloped at its two most recent starts but had trialled well at the Pukekohe workouts on 13 March, when driven by Mr Butcher, leading into this event.
9.-That LIAISON was taken out to race outside the leader near the 1400m and appeared to be trotting solidly during the early part of the home straight. Mr Butcher did “flick” the gelding near the 100m with no apparent change in LIAISON’S gait, so it is submitted that it is certainly not unreasonable to expect that Mr Butcher, or any other reasonable and prudent Driver for that matter, to repeat this action over the final stages of the run home given that the gelding was fighting out the finish with the eventual winner AS FREE AS AIR.
10.-That Stewards maintain that Mr Butcher could have and should have done more over the final 100m in an attempt to comply with the requirements of the Rule. Should LIAISON have trotted roughly as a result of being driven out or given some clear indication that it may well break gait Mr Butcher would have then been justified with desisting with driving the gelding out, but that situation did not occur.
11.-That once he had reached the final 50m and given that LIAISON was clear of other runners except for AS FREE AS AIR, he did have more latitude to place his runner under pressure as if the gelding did gallop it would not be facing mandatory disqualification for breaking more than 50m. Further to this, relegation would not apply if he took the required immediate corrective action and LIAISON lost ground whilst in the break before finishing clear of the 3rd placed runner.
Mr Mulcay said Mr Butcher has a clear record in relation to this Rule and it is noteworthy that he has not breached any Rule in the past 12 months. He placed the breach in the low range. He said that Mr Butcher has had 294 drives this season and is regarded as a North Island Driver who also drives in the South Island when circumstances permit. He identified that although Mr Butcher has not driven at the two most recent Manawatu (mini-6 race) meetings he does regularly drive at that venue. This was raised on the basis that the next two North Island meetings are at the Manawatu course on 30 March and 1 April 2021 and may likely be covered in any proposed suspension of Mr Butcher’s licence.
Mr Mulcay referred to the JCA Penalty Guide which establishes the starting point at 15 drives (suspension) or $750 (fine). He said that Mr Butcher is a busy driver who generally has 7 or 8 drives per meeting. On that basis he said that Stewards submit a 15 drive (2-meeting) suspension would be appropriate. He added that if a suspension of more than 15 drives was contemplated, Stewards would favour a moderate fine in lieu of an increased period of suspension.
Mr Mulcay also advised that there were no betting irregularities and there was no reason to commission a post-race vet examination of LIAISON.
In response Mr Butcher advised that he did not seek a deferment to any proposed suspension. He confirmed that in assessing his drives, he regularly has a full book of drives (7 or 8) at most venues including meetings at the Manawatu Raceway.
PENALTY REASONS:
The JCA Penalty Guide for breaches of this Rule are on a sliding scale and are determined according to the placing lost. In this case LIAISON finished second when there was a reasonable chance it could have won the race. Where the placing lost is first place the JCA Penalty Guide starting point is set at a $750 fine or a 15-drive suspension.
After viewing the race films and considering the submissions of both Informant and Respondent the Committee placed Mr Butcher’s level of culpability in the mid-range. In addition, and in accordance with the Fifth Schedule of the Rules of Practice and Procedure for Judicial Committees due regard was had for the following factors which are set out at clause 5.1 (b, c, and d), namely:
5.1 (b) to uphold and maintain the high standards expected of those participating in the sport of racing and the racing industry.
5.1 (c) to uphold and maintain the integrity of the sport of racing and the racing industry; and
5.1 (d) to protect the participants in the sport of racing, the racing industry, and the public.
The reason for assessing this breach in the mid-range, is that over the concluding stages of the race Mr Butcher showed little or no vigour in the entire run up the home straight to the winning post. It was particularly noticeable that when LIAISON and the eventual winner (AS FREE AS AIR) were hotly contesting first place, Mr Butcher sat passively in his sulky in circumstances where you would expect a driver of his considerable skill and experience to have made a more determined effort to give his horse every opportunity to win the race. There is a clear lack discernible encouragement or effort on Mr Butcher’s part. As a consequence, AS FREE AS AIR won the race by a nose.
Mr Butcher explained that this was due to LIAISON’S racing manners during it previous starts, i.e., it broke under pressure for no apparent reason. Whilst this explanation is plausible and on the face of it reasonable; it does not absolve him of his responsibility to ensure that his drive was given every reasonable opportunity of finishing in first place. This lapse of judgement on Mr Butcher’s part is cold comfort to the connections of LIAISON, who potentially lost the difference between first place and second place Stakemoney, as well as the betting public, who potentially were denied the pay-out dividend for first place.
Breaches of this Rule are relatively rare. Since the introduction of the revised JCA Penalty Guide in 2017 there have been of 11 breaches of Rule 868(3), 9 of which have related to lost 3rd, 4th, and 5th placings. There have only been 2 cases where it was alleged in relation to the offending driver, there was a reasonable chance of finishing in 1st place, namely:
RIU v B McLellan (14/03/18) finished 2nd and suspended 6 days.
RIU v C Negus (26/03/20) finished 2nd and suspended 1 month and fined $400.
The 2 cases highlighted are only relevant to the extent that they reinforce the notion that each breach under this Rule is fact dependent and penalties in terms of any proposed suspension depend largely on the number of drives an offending driver would typically have at any one race meeting.
The Committee adopted the recommended starting point set out in the JCA Penalty Guide, namely 15 drives or $750 fine and then adjusted for the aggravating and mitigating factors which included:
1.-That there is a public perception element to this breach and that is the optics of Mr Butcher’s poor judgement leave open to scrutiny and speculation as to the integrity of the sport of Racing on the whole. On this occasion there is no evidence of anything untoward regarding bets placed on horses in the race which provides some confidence in terms of the integrity aspect of the breach.
2.-That in finishing in second place connections and punters were adversely affected.
3.-That the breach was blatant, and it would be generous to categorise it as a simple lapse of judgement.
4.-That Mr Butcher has a good record in relation to this Rule – (he referred to a breach 6 year ago resulting in a $300 fine), and his overall record is also particularly good.
5.-That although Mr Butcher initially denied the breach, which he is entitled to do, after further consideration, he admitted the charge. For his admission, a 1 drive deduction is applied.
6.-That narrowly missing first place is in-built into the penalty starting point, but it is only a starting point. And as highlighted earlier in this decision Mr Butcher’s culpability has been assessed to be in the mid-range and for that reason a 4-drive uplift is deemed appropriate and is applied.
The Committee was told that Mr Butcher is a busy Northern Reinsman who drives in the South Island when the opportunity exists. He drives regularly at all North Island meetings and it was agreed that on average would have 7 or 8 drives per meeting.
The penalty imposed must be consistent, meaningful and operate as a deterrent. Therefore, after weighing up the above factors it was determined (after adjustments) an 18-drive suspension is appropriate in this case. This equates to 2 (northern) meetings. A fine of $250 is also imposed. This equates the 3 or 4 drives in addition to the 14 or 15 drives that Mr Butcher may have had at the two pending Manawatu race days which are included in the suspension.
DECISION:
Accordingly, Mr Butcher’s Licence is suspended for 18 drives (2 days) commencing after racing 26 March 2021 and concluding after racing on 1 April 2021. In addition, a fine of $250 is imposed.
G Jones
Chair
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