Waikato BOP HI 2 June 2018 – R 9 – Chair, Mr B Scott
ID: JCA14278
Meet Title:
Harness Racing Waikato - 2 June 2018
Meet Chair:
BScott
Meet Committee Member 1:
GHall
Meet Committee Member 2:
NMcCutcheon
Race Date:
2018/06/02
Race Number:
R 9
Decision:
The breach is admitted and accordingly the charge is upheld.
Penalty:
This Committee orders that Mr Butcher's Licence to drive be suspended from the conclusion of racing today up to the conclusion of racing on the 15th of June 2018.
Facts:
Following the running of the DUNSTAN FEEDS 3YO EMERALD an Information was lodged by Chief Stipendiary Steward Mr N Ydgren against Open Horseman Mr D Butcher alleging that Mr Butcher as the Driver of TRIPLE EIGHT drove carelessly near the 250 metres mark by contacting the sulky of SICARIO causing his own horse to break with resultant interference to trailing runners.
Rule 869(3)(b) provides : no horseman in any race shall drive carelessly.
Mr Butcher admitted the breach and he was present at the Hearing.
Mr Ydgren demonstrated the incident by use of the race films and showed where prior to the 250 metres mark Mr Butcher's horse was in the one one position. He had FUNATTHEBEACH (Driver N Rasmussen) outside him and he tried to push Ms Rasmussen out to get a run. In doing so he made contact with the sulky of SICARIO (Driver M Purdon) and in the incident his horse interfered with FUNATTHEBEACH with resultant interference to HAIL CHRISTIAN (Driver RT May) and HENRY HUBERT (Driver G Smith).
Mr Butcher (using the race films) said that he did not cause interference to Mr Smith's horse although he acknowledged interference to the other 2.
Submissions for Penalty:
Mr Ydgren referred to the JCA Penalty Guide which provides for a starting point penalty in a major race of a suspension of Licence for 3 days. He further said that because of the resultant interference from Mr Butcher's actions there should be an uplift of 1 day.
Mr Ydgren then said that Mr Butcher had had 453 drives this season and he had an excellent record and in consideration of this any penalty should be reduced by one day and he therefore submitted that a 3 day suspension of Mr Butcher's Horseman's Licence was appropriate.
Mr Butcher submitted that he was not responsible for all of the resultant interference particularly to Mr Smith's horse. He said that the incident doesn't deserve any more than a 3 day suspension. He further tried to submit that based on the starting point penalty and his good record the penalty should be 2 days.
Reasons for Penalty:
The Committee reviewed the films and also the submissions from Messrs Ydgren and Butcher. The films show the incident particularly clearly.
Mr Butcher has made an issue of the interference to Mr Smith's horse but in our view the interference to Ms Rasmussen and Mr May are more significant. Mr Butcher has admitted the breach and that was inevitable given the compelling video evidence.
The JCA Penalty Guide provides for a starting point penalty in a major race to be a suspension of 3 days. This is a major race being a Group 1 race on a Group 1 day. We have noted Mr Ydgren's submission that there should be a one day uplift because of the resultant interference. We do however give Mr Butcher credit for his excellent record and this is reflected in the penalty. Taking all matters into account we believe that a 3 day suspension is appropriate.
Mr Butcher has advised us that he wishes to take any suspension immediately.
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: 6fd4e912f3b5e317ac6bf38a10c1b6a1
informantnumber: A10569
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 05/06/2018
hearing_title: Waikato BOP HI 2 June 2018 - R 9 - Chair, Mr B Scott
charge:
facts:
Following the running of the DUNSTAN FEEDS 3YO EMERALD an Information was lodged by Chief Stipendiary Steward Mr N Ydgren against Open Horseman Mr D Butcher alleging that Mr Butcher as the Driver of TRIPLE EIGHT drove carelessly near the 250 metres mark by contacting the sulky of SICARIO causing his own horse to break with resultant interference to trailing runners.
Rule 869(3)(b) provides : no horseman in any race shall drive carelessly.
Mr Butcher admitted the breach and he was present at the Hearing.
Mr Ydgren demonstrated the incident by use of the race films and showed where prior to the 250 metres mark Mr Butcher's horse was in the one one position. He had FUNATTHEBEACH (Driver N Rasmussen) outside him and he tried to push Ms Rasmussen out to get a run. In doing so he made contact with the sulky of SICARIO (Driver M Purdon) and in the incident his horse interfered with FUNATTHEBEACH with resultant interference to HAIL CHRISTIAN (Driver RT May) and HENRY HUBERT (Driver G Smith).
Mr Butcher (using the race films) said that he did not cause interference to Mr Smith's horse although he acknowledged interference to the other 2.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is upheld.
sumissionsforpenalty:
Mr Ydgren referred to the JCA Penalty Guide which provides for a starting point penalty in a major race of a suspension of Licence for 3 days. He further said that because of the resultant interference from Mr Butcher's actions there should be an uplift of 1 day.
Mr Ydgren then said that Mr Butcher had had 453 drives this season and he had an excellent record and in consideration of this any penalty should be reduced by one day and he therefore submitted that a 3 day suspension of Mr Butcher's Horseman's Licence was appropriate.
Mr Butcher submitted that he was not responsible for all of the resultant interference particularly to Mr Smith's horse. He said that the incident doesn't deserve any more than a 3 day suspension. He further tried to submit that based on the starting point penalty and his good record the penalty should be 2 days.
reasonsforpenalty:
The Committee reviewed the films and also the submissions from Messrs Ydgren and Butcher. The films show the incident particularly clearly.
Mr Butcher has made an issue of the interference to Mr Smith's horse but in our view the interference to Ms Rasmussen and Mr May are more significant. Mr Butcher has admitted the breach and that was inevitable given the compelling video evidence.
The JCA Penalty Guide provides for a starting point penalty in a major race to be a suspension of 3 days. This is a major race being a Group 1 race on a Group 1 day. We have noted Mr Ydgren's submission that there should be a one day uplift because of the resultant interference. We do however give Mr Butcher credit for his excellent record and this is reflected in the penalty. Taking all matters into account we believe that a 3 day suspension is appropriate.
Mr Butcher has advised us that he wishes to take any suspension immediately.
penalty:
This Committee orders that Mr Butcher's Licence to drive be suspended from the conclusion of racing today up to the conclusion of racing on the 15th of June 2018.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr D Butcher - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 668fd81ad7a1e5b425c4afba15a119ce
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bceab936dcc310600f6aa604a55cb503
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/06/2018
meet_title: Harness Racing Waikato - 2 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GHall
meet_pm2: NMcCutcheon
name: Harness Racing Waikato