Auckland TC 1 September 2022 – R7 – Zachary Butcher

Summary of Facts:

Following the running of Race 7, the Respondent Zachary Butcher admitted a breach of Rule 869(3)(b); namely that he drove carelessly on the final turn when contacting the sulky wheel of MEMPHIS TENNESSEE.

The Respondent endorsed the Information ‘I do admit the breach of the rule’ and confirmed he understood the Rule.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Mr Mulcay opened by saying that the video evidence was not very helpful, but he was able to confirm the incident had occurred by virtue of Mr Meredith’s actions. He said that Mr Butcher’s horse had not been affected and had gone on to win the race while Mr Meredith’s horse was weakening at the time of the incident and didn’t believe that it had been cost a stakes bearing place as a result of the contact to its wheel.

After a question from the Adjudicative Committee, the Stipendiary Stewards identified where the alleged carelessness was likely to have occurred, and showed where there was likely contact from Mr Butcher’s horse to the left hand wheel of Mr Meredith’s sulky.

Mr Mulcay put to the Adjudicative Committee that the reason why the Stewards had charged Mr Butcher with careless driving, was because he had made an error of judgement when coming out from behind Mr Meredith, striking that runner’s wheel.

Mr Butcher said that it was a low end breach and during the race he wasn’t aware that he had struck a wheel, he said this was only apparent after discussion with the Stipendiary Stewards, Mr Meredith and after viewing the video footage.

Decision:

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

Submission for Penalty:

Stipendiary Steward S Mulcay produced the Respondent’s record which was clear.

He said that the Guidelines in relation to a first offence, Careless, contacting a wheel had a starting point of a 6 day suspension or a $300 fine. He said that Mr Butcher had an exemplary record, had admitted the breach and there were no aggravating factors. He submitted a fine below the starting point would be appropriate.

The Respondent submitted that previous penalties for breaches of this nature would attract a fine of around $200 and he would be happy with that.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a 6 day suspension or a $300 fine.

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner(s), the Adjudicative Committee determined a $200 fine was an appropriate penalty.

Some guidance was taken from historical breaches of this Rule to determine an appropriate penalty.

Conclusion:

Mr Butcher was fined $200.