Ashburton TC 10 November 2022 – R12 (heard 11 November 2022 at Addington) – Zachary Butcher

EVIDENCE:

Following the running of Race 12, Stipendiary Steward, Mr Shane Renault presented an Information alleging a breach of Rule 868(3) by Driver Mr Zachary Butcher. A hearing was opened and adjourned sine die and was heard at Addington Raceway on 11 November 2022.

Rule 868(3) states:  Every driver shall drive his/her horse out to the end of the race if he or she has any reasonable chance of running first, second, third, fourth, or fifth.

Mr Butcher confirmed he was conversant with the Rule and the charge and that he admitted the breach.

Mr Renault used the available video footage to identify Mr Butcher driving SMOKE ON THE WATER at approximately 100m from the finishing post. He pointed to Mr Butcher who was running in a clear fourth position turning his whip away under his arm at the 60m and remaining still for the remainder of the race. Mr Renault said the Stewards acknowledge the horse was at the end of a torrid race but Mr Butcher could have urged his horse to give the betting public confidence that all was done for the horse to finish in fourth placing.

Mr Butcher stated, on viewing the video replays it wasn’t a good look, but he said from his position, he knew his horse was all out. Mr Butcher said he felt it was blatantly obvious he was going to be beaten for fourth, but could understand the observation from the public he was not.

Decision:

Mr Butcher having admitted the breach, the charge was found to be proved.

Submissions on Penalty:

Mr Renault produced Mr Butcher’s record which indicated a clear record under the Rule. He said Mr Butcher has had 406 drives this season and 553 the previous. Mr Renault alluded to a breach of this Rule with the same circumstances on 10 May this year where a fine of $400 was imposed, and said this would also be appropriate in this case.

Mr Butcher said he was hoping for a little less, but understands the need for consistency and accepted Mr Renault’s submission.

Reasons for Decision:

The Penalty Guidelines provide a scale of penalties for a breach of the Rule, determined according to which placing was lost. For the fourth placing, a fine of $400 or an 8-drive suspension is prescribed. The Adjudicative Committee considers a fine as the appropriate penalty in this case. In the case of Mr Dunn on 10 May, fourth placing was also lost and a fine of $400 was imposed.

Conclusion:

Driver Mr Zachary Butcher is fined $400.