Nelson HRC 15 January 2023 – R7 – Bob Butt

ID: RIB14179

Respondent(s):
Bob Butt - Driver

Applicant:
Mr S Renault - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
RIB Stewards Mr Renault, Mr Williams and Mr Sole, and Mr Butt

Information Number:
A21114

Decision Type:
Race Related Charge

Charge:
Using whip with more than a wrist flicking motion.

Rule(s):
869(2) - Contravention whip rule - Whip Regulations

Plea:
Admitted

Animal Name:
LATRELL

Code:
Harness

Race Date:
15/01/2023

Race Club:
Nelson Harness Racing Club

Race Location:
Nelson Racecourse - 358 Lower Queen Street, Nelson, 7020

Race Number:
R7

Hearing Date:
15/01/2023

Hearing Location:
Richmond Park Racecourse

Outcome: Proved

Penalty: Driver Bob Butt is fined $500

Evidence:

Following the running of Race 7, an Information was presented by RIB Steward Mr Shane Renault alleging a breach of Rule 869(2) by Driver Mr Bob Butt.

Mr Butt confirmed he was conversant with the Rule, and the Charge, and he admitted the breach.

Mr Renault played the video of the final straight to identify Mr Butt driving LATRELL down the centre of the track. He pointed to Mr Butt strike his horse several times outside of the allowable Guidelines, from early in the straight until approximately the 80m where he conformed to a proper standard.

Decision:

The Respondent has admitted the breach of the Rule and the charge was deemed to be proved.

Submissions on Penalty:

Mr Renault stated Mr Butt has one previous breach on his record at Addington on 22 July 2022. Mr Renault said this breach is mid-range as Mr Butt has driven outside the Guidelines for approximately 150. He said as this was Mr Butt’s second breach within a 6-month period, the Penalty Guidelines state a starting point penalty of a 3-to-5-day suspension.

Mr Butt asked the Adjudicative Committee to give some consideration to his record, which would have been clear in one week.

Reasons for Penalty:

Mr Butt has clearly breached the whip Rule at a mid-range level. He is a very busy Driver and was within 7 days of obtaining a clear record. The Adjudicative Committee on this occasion used its discretion and viewed his record to be neutral.

The Penalty Guidelines for a breach at the mid-range level have a starting point of either a 2-day suspension, or a $500 fine, and the latter is considered appropriate in the circumstances of this case.

Conclusion:

Driver Bob Butt is fined $500.

Decision Date: 15/01/2023

Publish Date: 16/01/2023