NZ Metro TC 12 November 2024 – R7 – Bob Butt

BACKGROUND:

Following the running of Race 7, Renwick Farms Dominion Trot, Open Driver, Bob Butt, as the Driver of BET N WIN in the race, admitted a charge that he “drove carelessly near the 2600 metres by shifting inwards when not in a position to do so, resulting in his runner locking wheels with ARCEE PHOENIX (Chris Svanosio), with a trailing runner also being hampered”.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

    (b) carelessly

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, had Stipendiary Steward, Shane Renault, show video replays of the incident with approximately 2600 metres to run. Mr Renault showed that BET N WIN driven by Mr Butt, was racing 3-wide towards the rear of the field with ARCEE PHOENIX racing to its inside, following MAUI (Lawrence McCormick). KYVALLEY HOTSPUR (Anthony Butt) was racing on the markers behind and to the inside of ARCEE PHOENIX. Mr Renault then showed that Mr Butt attempted to ease ARCEE PHOENIX down the track but, as he did so, KYVALLEY HOTPUR had improved to the inside. Mr Butt and Mr Svanosio then locked wheels and lost ground, Mr Renault said. MR LOVE (Ben Hope), which was trailing, had to take evasive action and switch to the inside.

Mr McIntyre reiterated that Mr Butt had been trying to shift ARCEE PHOENIX down the track, but was not in a position to do so until he cleared MAUI. As he shifted in, KYVALLEY HOTPUR had got the inside wheel of ARCEE PHOENIX and Mr Butt locked wheels with the latter for a short distance. MR LOVE was “hampered”, Mr McIntyre said.

Mr Butt said that it was “incredibly bad timing” on his part. He had looked across and KYVALLEY HOTSPUR was not there. He started to make his move to push ARCEE PHOENIX down and, as soon as he did so, KYVALLEY HOTSPUR’s legs were there and he had to relent. The locking of wheels had occurred when he came back out, he said. Had there been no locking of wheels, there would have been nothing wrong, he submitted.

Mr McIntyre said that the consequential effects were low. No horse had lost its position. He agreed with Mr Butt that it was just bad timing and, had they not locked wheels, there would have been no charge.

DECISION:

The charge having been admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Butt has a previous charge on his record – on 23 August 2024 at Addington, fined $500 – 90 drives ago. This being a second breach and in a Group Race, the Penalty Guide starting point for penalty is a 6-days suspension, Mr McIntyre said. The breach was low-level and, accordingly, Stewards were submitting that a 3-4 days suspension would be appropriate. The fourth day in Canterbury is a Premier meeting at Addington, Mr McIntyre said.

Mr Butt said that he accepted that he had done wrong, but a 4 or 5-days suspension would be excessive for the low-level breach, he said. He requested a deferment until after racing on Show Day, 15 November.

REASONS FOR PENALTY:

The breach was a palpably low-level breach. Mr Butt has begun to ease ARCEE PHOENIX down onto the markers. When he made the decision to do so, he was in a position to do so, having an advantage over ARCEE PHOENIX which was clear of runners to its inside. However, and unfortunately for Mr Butt, in the meantime, KYVALLEY HOTSPUR had improved to the inside of ARCEE PHOENIX. In attempting to ease the pressure, he has briefly locked wheels with ARCEE PHOENIX. He has been more unlucky than careless.

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for a second breach in a Group or Listed Race of a 6-days suspension. That starting point is for a mid-level breach. An appropriate adjusted starting point for a low-level breach is 4 or 5 days.  In addition, Mr Butt is entitled to credit for his very frank admission of the breach.

A 4-days suspension would encompass the Oaks & Aces Premier meeting at Addington on 29 November – six Group 1’s and a Group 2. To include that meeting in the period of suspension, would render a penalty of 4 days, in this case, manifestly excessive.

CONCLUSION:

Mr Butt’s request for a deferment is granted. He is suspended from after the close of racing on 15 November, up to and including 24 November 2024 – 3 days. The meetings intended to be encompassed by the period of suspension are Rangiora HRC on 20 November, Timaru HRC on 23 November and Banks Peninsula TC on 24 November 2024.