Waikato BOP H 24 December 2025 – R1 – Benjamin Butcher

Summary of Facts

Following the running of Race 1, the Respondent, Benjamin Butcher, admitted a breach of Rule 869(3)(b), namely that he contacted and punctured the sulky tyre of LOVEABLE ROGUE passing the 1000 metres.

The Respondent endorsed the Information, stating, “I do admit the breach of the Rule,” and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Senior Stipendiary Steward Mr Mulcay identified the horses involved in the incident, namely ABMAN, driven by Mr Butcher and LOVEABLE ROGUE, driven by Mr James Stormont. He said that nearing the 1000 metres, Mr Butcher’s drive, ABMAN, was three back on the inside; to his outside was KALIOPI, drive by Ms Monika Ranger, and the horse in the trail was LOVEABLE ROGUE. At this point, Mr Butcher was in a position to shift away from the marker line and shift KALIOPI wider on the track, which he did. In doing so, contact was made with the outside sulky wheel of LOVEABLE ROGUE, resulting in the tyre puncturing. Mr Stormont, Driver of LOVEABLE ROGUE, looked down after the sulky is contacted. He was questioned and confirmed that the sulky tyre punctured as a result.

In explanation, the Respondent stated that at the time, he did not notice he had gotten close to the wheel; the horse had not gone rough, so the contact was quite minor.

Decision

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty

Senior Stipendiary Steward Mr Mulcay produced the Respondent’s record, which indicated one prior breach of the relevant Rule within the reset period, for which he received a 2‑day suspension. The Respondent has had 130 drives this season.

Mr Mulcay added that Stewards submit that, as this is the Respondent’s second breach of the Rule, a suspension of 3 driving days would be an appropriate penalty.

The Respondent did not make a submission as to penalty.

Reasons for Penalty

The Penalty Guide provides a starting point of 3 days for a second breach of the Rule within 6 months.

After taking into account the submissions of both the Applicant and the Respondent, noting the race film and the resultant impact on the affected runner, the Adjudicative Committee determined that a 3‑day suspension is an appropriate penalty in the circumstances of this case.

Conclusion

The Respondent’s Licence is suspended, commencing after racing on 24 December 2025, up to and including 4 January 2026.