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Westport TC12 March 2010 - R 4



869.2.a

RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 68740

Meeting:  Westport Trotting Club 

Date:   12 March 2010

Venue:  Patterson Park    

Race No. 4:  Buller Refrigeration & Electrical Pace 

Rules:  869(2)(a)

Judicial   Chairman   J. M. Phelan,  Committee:     P. J. Rosanowski

Plea:   Admitted.

Appearing: Informant: Stipendiary Steward Mr N. M. Ydgren 
                    Mr R. J. Butt – Junior Horseman

DECISION AND REASONS:

Following the running of Race 4, the Buller Refrigeration & Electrical Pace, Stipendiary Steward Mr N. M. Ydgren filed an Information against Junior Horseman Mr R. J. Butt alleging a breach of Rule 869(2)(a).  It was alleged that Mr Butt used his whip excessively in the run home whilst driving “Rangi Rule” (3).

 



RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 68740

Meeting:  Westport Trotting Club 

Date:   12 March 2010

Venue:  Patterson Park    

Race No. 4:  Buller Refrigeration & Electrical Pace 

Rules:  869(2)(a)

Judicial   Chairman:   J. M. Phelan,  Committee:    P. J. Rosanowski

Plea:   Admitted.

Appearing: Informant: Stipendiary Steward Mr N. M. Ydgren 
                    Mr R. J. Butt – Junior Horseman

DECISION AND REASONS:

Following the running of Race 4, the Buller Refrigeration & Electrical Pace, Stipendiary Steward Mr N. M. Ydgren filed an Information against Junior Horseman Mr R. J. Butt alleging a breach of Rule 869(2)(a).  It was alleged that Mr Butt used his whip excessively in the run home whilst driving “Rangi Rule” (3).

Mr Butt had indicated on the information that this breach of the Rules was admitted, and he confirmed this at the hearing.  Mr Butt also agreed that he understood the charge and the Rule it was brought under.

Mr Ydgren used video coverage to show that after entering the home straight Mr Butt used his whip on about 30 occasions, and that there were no pauses in his use of the whip as provided for by the “Use of Whip” guidelines.

Mr Butt did not dispute the facts of this matter.

In relation to penalty Mr Ydgren advised that Mr Butt had two recent convictions under this Rule.  The first was on 18 February 2010 at NZMTC when he was fined the sum of $200-00.  The second was on 4 March 2010 at NZMTC when he was fined the sum of $250-00.

At the time of his conviction and sentence on 4 March 2010 Mr Butt was also given a formal warning by the JCA Committee that any further breaches of this Rule would most likely result in a suspension or a substantial fine.  Mr Butt acknowledged that he had received this warning.

In the circumstances Mr Ydgren recommended a 3 day suspension.  It was agreed by the Stipendiary Stewards that any suspension should take effect from after the Reefton Trotting Club’s race meeting at Reefton on 14 March 2010, as Mr Butt had committed himself to drives at this meeting.

We were satisfied that a 3 day suspension was an appropriate penalty in this case.  Accordingly Mr Butt’s Junior Horseman’s Licence was suspended from after the completion of racing on 14 March 2010, until after the completion of racing on 21 March 2010.  This period of suspension includes race meetings at NZMTC on 16 March 2010, at NZMTC on 19 March 2010, and at the Akaroa Trotting Club’s race meeting at Motukarara on 21 March 2010.

After advising Mr Butt of the above penalty, we expressed our concern that he had breached this Rule three times in three weeks.  Mr Butt was again warned that further breaches of this Rule in the near future would most likely result in a lengthy suspension.


J.  M. Phelan          P. J. Rosanowski
CHAIR                    Committee Member
68740

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