NZ Metro TC 24 June 2022 – R10 – Chris Butt

BACKGROUND:

Following the running of Race 10, Paul Renwick Joinery Handicap Trot, the Respondent Driver, Chris Butt, admitted a breach of Rule 869(3)(b) in that, as the Driver of KAHRESS in the race, he drove carelessly near the 300 metres when allowing his horse to contact the wheel of REPEAT PAT (Gavin Smith) which punctured.

The Respondent endorsed the Information “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 shall in any race shall drive carelessly.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre showed a video replay of the final 300 metres of the race. He pointed out KAHRESS, driven by the Respondent, trailing the leader REPEAT PAT (Gavin Smith) as the field neared the home turn. KAHRESS was travelling well and, as the Respondent, shifted it away from the markers, its near-side leg contacted the outside sulky wheel of REPEAT PAT, puncturing the tyre.

KAHRESS went on to win the race with REPEAT PAT finishing in 2nd placing, the margin being 3 1/4 lengths. Mr McIntyre said that the Stewards had considered lodging a protest, but were not satisfied that the outcome of the race had been affected.

The Respondent submitted that REPEAT PAT may have moved out slightly when its earplugs were activated. His runner was travelling very well at the time and REPEAT PAT was under pressure. KAHRESS has a very big stride, he said.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that the Respondent has had 28 drives this season and, last season had 28 drives. He has a clear record under the Rule.

This was a low-level breach, Mr McIntyre submitted. The Penalty Guide starting point is a $300 fine, he said.

REASONS FOR PENALTY:

The Respondent is entitled to a discount from the starting point for his good record and admission of the breach. There are no aggravating factors. The breach was low-level – it happened late in the race and both runners were well clear of the rest of the field at the time, and at the finish. The Adjudicative Committee is comfortably satisfied that the interference to REPEAT PAT made no difference whatsoever to the eventual result of the race.

CONCLUSION:

Driver, Chris Butt, is fined $250.