Nelson HRC 12 January 2025 – R8 – Bob Butt

Mr Williams alleged that Mr Butt (XLENDI) drove carelessly racing into the first bend by shifting inwards when insufficiently clear of SKY ROCKET, which was checked and broke, with trailing runners also being hampered.

Evidence

Mr Renault, Stipendiary Steward, demonstrated on the 3 available video angles that as the field entered the first bend, Mr Butt shifted inwards towards the pylons. He attempted to slot into the field in front of SKY ROCKET (Mr Close). That horse came into contact with a wheel of Mr Butt’s cart. SKY ROCKET galloped and came back on trailing runners, which were inconvenienced.

Mr Williams said that the videos evidenced that Mr Close had taken hold of his horse and that Mr Butt had shifted ground, when not sufficiently clear.

Mr Butt’s defence to the charge was that the camera angles were not ideal. He had crossed SKY ROCKET and the leg of that horse had then come into contact with the back of his cart. He acknowledged that Mr Close had not been urging his horse forward at the time and indeed, that he had been taking hold. He believed Mr Close had not taken a firm enough hold of SKY ROCKET and was at fault for the incident. He also pointed to the high action of SKY ROCKET and that SKY ROCKET had a record of breaking.

Reasons for Decision

Mr Butt has crossed to the pylons as the field passed the winning post the first time and was entering the first bend. The zoom in function shows that SKY ROCKET has first come into contact with the inside wheel and then the back of Mr Close’s cart. Mr Close has taken hold, but this has not prevented the contact occurring. SKY ROCKET has galloped, upsetting trailing runners, before settling at the rear of the field. The incident is caused by Mr Butt coming across too quickly and giving Mr Close insufficient room. In so doing, he has driven carelessly.

Decision

The breach is found to be proved.

Submissions as to Penalty

Mr Renault produced the Respondent’s record, which showed that Mr Butt has had 6 drives this season and 338 the last. His record evidenced 2 previous breaches, one in August and another in November. Mr Williams submitted the breach was mid-level, with one horse breaking and 3 others being hampered. He believed a 6-day suspension was appropriate.

Mr Butt said he did not believe a 6-day penalty would fit the crime. He wanted the suspension to start immediately.

Reasons for Penalty

The breach is mid-level. One horse has galloped before settling at the rear of the field, and 3 others were hampered. Mr Butt has given Mr Close insufficient room, but Mr Butt’s claim that SKY ROCKET has a high leg action and that this may have contributed to the incident, is noted. The Penalty Guide provides a starting point of a 5-day suspension for a second plus mid-level breach. A penalty at this starting point is appropriate.

Conclusion

Mr Butt is suspended from the end of racing today, 12 January, up to and including 26 January 2025. This is 5 days.