Manukau TC - 29 October 2010 - R 4
869(3)(b)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead, Stipendiary Steward
Defendant: Mr Z Butcher, Junior Driver
Information: 68912
Meeting: Manukau Trotting Club
Date: 29th October 2010
Venue: Alexandra Park
Race: 4
Rule No: 869(3)(b)
Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
Plea: Admitted
Also Present: Mr D Butcher, Senior horseman, assisting Mr Z Butcher
CHARGE(s):
Drove CRYSTAL CASTLETON carelessly causing interference to BENROMACH driven by Mr G Martin with 900metres to run – BENROMACH was pulled up and took no further part in the race.
FACTS:
Mr Muirhead showed and interpreted the video film of the incident. CRYSTAL CASTLETON was four deep in the running line, Mr Butcher moved the horse outwards and his sulky wheel made contact with the off hind leg of BENROMACH resulting in both horses breaking and losing their chances.
Mr Z Butcher said CRYSTAL CASTLETON was “charging” had its head up and he eased it outwards.
Mr D Butcher said CRYSTAL CASTLETON was over-racing – it had an advantage over BENROMACH and was entitled to move out – Mr Martin could have given some room but he didn’t.
Mr Muirhead said any outward movement had to be made with safety.
SUBMISSION(s) ON PENALTY:
Mr Muirhead said Mr Butcher had two breaches of the careless driving rule in the last 12months, the offending was “mid-range” and he submitted that a fine in the upper end of the range $250 - $500 was appropriate.
Mr D Butcher said he thought a fine a bit below the middle of that range was appropriate given the mitigating factors and also the fact that the defendant does have a lot of drives.
REASON(s):
In fixing penalty the committee takes into account the admission of the breach, Mr Butcher’s Junior horseman status, the two previous careless driving breaches, the frequency of Mr Butcher’s driving – 435 drives last season – the recommended starting point of $400 and/or two weeks suspension, the submissions of Mr Muirhead and Mr D Butcher, including the mitigating factors, accepts the offending is “mid-range” but nonetheless the chances of two horses were affected.
PENALTY:
Balancing the above matters a fine of $350 is imposed and Mr Butcher is advised that any further breach of this rule in the near future would almost certainly result in a suspension.
