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Rangiora HRC 3 January 2019 - R 6 - Chair, Mr S Ching

Created on 05 January 2019

Committee:
SChing (chair)
GClapp
Name(s):
Mr B Butt - Licensed Open Horseman
Informant
Mr S Renault - Stipendiary Steward
Information Number
A11352
Plea:
Admitted
Charge:
Contravention of Use of Whip Regulations
Evidence:

Following the running of Race 6, the Cutts Above Roofing Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horseman, Mr B Butt, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Whip Regulation (b) reads as follows;
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Butt had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Renault.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Mr Butt driving THE DUDE, positioned 3 back and 1 out, as the field turned for home, near the 300m. At the 250m Mr Butt drew the whip and used it in a fore hand, striking motion on 13 occasions prior to the line. Mr Butt did not dispute the number of strikes, Mr Renault said.

Decision:

As Mr Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Renault stated that Mr Butt had a previous breach of this rule being on 16 December 2018 at Rangiora where he received a $200 fine for a low range breach. He stated that the JCA Penalty Guide provided for a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period. Mr Renault stated that the breach was low level and submitted that a 3-day suspension be considered as penalty.

Mr Renault stated that Mr Butt had requested a deferment until after Oamaru on 8 January as he had driving commitments there.

Reasons For Penalty:

The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period, mitigation inclusive. This Committee also assessed the breach as low level and adopted a 3-day starting point. As there were no aggravating factors, no uplift in penalty was warranted. We therefore determined that a 3-day suspension was an appropriate penalty in this case.

Mr Butt's request for a deferment until after racing 8 January is granted.

Penalty:

Accordingly, Mr Butt Horseman’s Licence is suspended from the conclusion of racing 8 January up to and including 16 January 2019.

Relevant meetings encompassed in this period of suspension are Nelson on 11 January, Nelson on 13 January and Timaru on 16 January 2019.

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