Manawatu HRC - 31 October 2010 - R 4

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  T. W. Taumanu

Defendant:  D. J. Butcher

Information:  69271

Meeting:  Manawatu Harness Racing Club

Date:  31 October 2010

Venue:  Palmerston North

Race:  4

Rule:  869 (2) (A) (C)

Judicial Committee:  T. W. Castles, Chairman – N McCutcheon, Committee Member

Plea:  Admitted

Facts:

After initially agreeing to and signing the information accepting a fine of $200 for this offence, Mr. Butcher requested a hearing. This was granted and he reaffirmed his admittance of the breach.

Rule 869 (2) (A) (C) reads: “no horseman shall during any race use his whip in an unnecessary excessive or improper manner – project his whip outside the sulky or draw his whip further back than the sulky seat”

Submission:

Mr. Taumanu showed the video of the incident in which Mr. Butcher struck his horse five times in the run to the line. He believed the whip was projected outside the sulky and was drawn further back than the sulky seat.

Mr. D. Butcher confirmed this was the case but offered no explanation.

Submissions on Penalty:

This was Mr. Butcher’s first charge under this rule and Mr. Taumanu did inform the committee it was a breach that could be best handled by way of a fine in the vicinity of $200.00.  

Mr. Butcher had no comment.

Reasons:

In coming to our decision, we have taken into account Mr. Butchers admittance of the breach and the fact that this was his first charge under the rule.  Mr. Butcher is a busy horseman and drives throughout New Zealand.

Penalty:

Mr. Butcher, you are fined the sum of $150.00.