NZ Metro TC 23 May 2024 – R9 – Chris Butt

SUMMARY OF FACTS:

Following the running of Race 9, the Respondent, Chris Butt, denied a breach of Rule 869(4) and the Passing Lanes, False Rails and Home Straight Regulations in that he failed to maintain a straight course in the run home when driving LORD MUDRICK, checking MIKI BENNETT.

Rule 869 provides:

(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or it’s progress.

The Passing Lanes, False Rails and Home Straight Regulations provides:

(7) Except where a driver is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line. 

(8) Failure to comply with . . . Clause 7 hereof shall be deemed a breach of Rule 869 (4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.

Mr Renault pointed out LORD MUDRICK, driven by Mr Butt, racing three places back on the pylons as the field approached the home turn. He pointed out Mr Butt driving LORD MUDRICK out in the home straight and in doing so, shifting up the track, near the 150m, into the rightful running line of MIKI BENNETT, driven by Tim Williams,  who had to check. Mr Renault stated that LORD MUDRICK  was hanging out in the home straight, but Mr Butt had an obligation to maintain a straight line and he should have stopped driving the horse out and straightened his drive. Mr Renault said that with Mr Butt continuing to drive LORD MUDRICK out and shifting up the track, he was in breach of the Rule.

Mr Butt stated that he was doing his best to keep LORD MUDRICK on a straight course and believed that was sufficient to meet the requirements of the Rule. He said the horse was hanging up the track and to get the best out of LORD MUDRICK, he kept trying to straighten him and drive him out at the same time.

REASONS FOR DECISION:

The Adjudicative Committee, after considering the evidence presented and viewing all relevant replays, was satisfied that LORD MUDRICK shifted up the track when hanging out, shifting out approximately 1.5 cart widths, near the 150m. The Adjudicative Committee was also satisfied that LORD MUDRICK shifted into the rightful running line of MIKI BENNETT, and as a result, that horse had to check. This Adjudicative Committee was further satisfied that Mr Butt, although trying to keep his drive on a straight line in the run home, continued to drive the horse out, when shifting up the track and caused a check to MIKI BENNETT. Mr Butt had an obligation under the Home Straight Regulations to keep LORD MUDRICK on a straight line in the home straight, and failed to do so, by continuing to drive the horse out when shifting up the track.

DECISION:

This Adjudicative Committee therefore finds the charge proved.

SUBMISSIONS FOR PENALTY:

Mr Renault stated that Mr Butt had a clear record in regard to this Rule. He said the Penalty Guide provided a 2 day suspension starting point for an initial breach of this Rule and submitted that a penalty commensurate with the Penalty Guide be considered as penalty.

Mr Butt elected to make no submissions in regard to penalty. As Mr Butt was under suspension until 2 June 2024, deferment was not an option for him.

REASONS FOR PENALTY:

The Penalty Guide provides a penalty starting point of a 2 day suspension for an initial breach of this Rule.

The Adjudicative Committee found no aggravating factors to consider, therefore no uplift in penalty warranted.

After taking all factors into consideration, the Adjudicative Committee could see no reason to deter from the Penalty Guide starting point of a 2 day suspension and therefore determined that a 2 day suspension was an appropriate penalty.

CONCLUSION:

Mr But is suspended from the conclusion of racing on 2 June 2024, up to and including 9 June 2024. Relevant meetings encompassed in this period of suspension are Addington – 7 June and Addington – 9 June 2024.