Manawatu HRC 21 November 2023 – R3 – Benjamin Butcher
ID: RIB29966
Animal Name:
Rockafilly
Code:
Harness
Race Date:
21/11/2023
Race Club:
Manawatu Harness Racing Club
Race Location:
Manawatu Raceway - Pioneer Highway, Palmerston North,
Race Number:
R3
Hearing Date:
21/11/2023
Hearing Location:
Manawatu Raceway, Pioneer Highway Palmerston North
Outcome: Proved
Penalty: Driver Benjamin Butcher is fined $250
Background:
Following the running of Race 3, the ‘Post Office Hotel Pahiatua Mobile Pace’ an Information was lodged alleging a breach of Rule 869(3)(b).
Details of the Information is as follows:
‘in that he drove carelessly by allowing his filly to contact & puncture the sulky wheel of Sharkntatties (J Bublitz) early in the run home’.
Mr Butcher conveyed that he understood the Rule and admitted the breach.
Rule 869(3)(b) provides ‘no driver in any race shall drive:- carelessly’.
Evidence:
Using available film, Stewards identified the incident. On entering the home straight, ROCKAFILLY was against the fence behind SHARKNTATTIES. Mr Butcher looked to improve approaching the passing lane. In doing so, he allowed his drive to shift and contact the wheel of SHARKNTATTIES – the wheel in turn being punctured. Mr Butcher agreed with the Stewards’ interpretation, adding that although the incident occurred, he had subsequently kept his drive in a straight line.
Decision:
As the charge was admitted, it was found proved.
Penalty Submissions:
Stewards outlined a clear record as it related to a breach of this Rule. The Adjudicative Committee was referred to the current HRNZ Penalty Guide which provides for a starting point of a $300 fine in this particular circumstance. Stewards did recommend a fine in the vicinity of $250 to reflect record. Mr Butcher did not offer comment in respect of penalty.
Reasons for Penalty:
Film provided does identify the offence. A fine of $300 was adopted as a starting point. The Guide does require that the consequence of the breach be taken into consideration when setting penalty. Albeit minor, fixing the wheel would incur cost. Additionally, the Adjudicative Committee took into consideration, ready admission of the breach, along with Respondent’s record. On balance, a fine of $250 was deemed appropriate.
Conclusion:
Mr Butcher is fined a sum of $250.
Decision Date: 21/11/2023
Publish Date: 22/11/2023