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NZ Metro TC 30 August 2020 - R 1 - Chair, Mr R McKenzie

Created on 01 September 2020

Rules:
869(3)(b)
Committee:
RMcKenzie (chair)
Name(s):
C A Butt
Licensed Open Driver
Informant
P Williams
Stipendiary Steward
Information Number
A13187
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 1, IRT. Your Horse. Our Passion. Trot, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr C A Butt, alleging that, as the driver of AMERICAN VIKING in the race, he drove carelessly near the 450 metres when allowing his horse to strike the sulky wheel of EVERMORE (S J Ottley) which punctured”.

Mr Butt had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present.

Rule 869 provides as follows:

(3 No driver shall in any race drive:-

    (b) carelessly

Mr Williams showed a video replay of the incident with approximately 450 metres to run. He pointed out AMERICAN VIKING, driven by Mr Butt, racing in the one-out line in last position. EVERMORE, driven by Miss Ottley, was two places ahead of him and racing on the markers. Mr Butt then shifted down and took up a position on the markers behind Miss Ottley. Shortly after, his horse struck the inside sulky wheel of Miss Ottley and paced roughly for a few strides. The tyre of Miss Ottley’s sulky wheel was punctured and deflated.

Mr Butt’s only comment was that Miss Ottley was losing a little bit of ground as she pushed out.

Decision:

Mr Butt having admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Williams referred to the Penalty Guide starting point for striking a wheel of a 6-drives suspension or a $300 fine.

Mr Butt, when asked by the Committee, said that he would prefer a fine to a term of suspension.

Reasons For Penalty:

In the present case, there were no significant aggravating factors. The Committee does not believe that Miss Ottley’s horse’s chances were affected. Mitigating factors are Mr Butt’s admission of the breach and his good record. This was a low-end breach involving a minor misjudgement on Mr Butt’s part.

The Penalty Guide starting point for hitting a wheel is a 6-drive suspension or a $300 fine. This breach can adequately be dealt with by way of a fine and Mr Butt is given a discount for the mitigating factors referred to. 

Penalty:

Mr Butt is fined the sum of $250.

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