Auckland TC 24 March 2023 – R7 – David Butcher

Summary of Facts:

Following the running of Race 7, the Group 1 2023 Woodlands Stud Northern Derby 2700m, an Information was filed by the Chief Stipendiary Steward Mr McIntyre alleging the Respondent Mr David Butcher, breached Rule 869(6)(b)(c) in that as the Driver of JOLIMONT he shifted his colt outwards near the 1600 metres and forced TWO EYE SEE (B Mangos) to race wider on the track.

The ‘Push Out Rule’ (r689) provides that:

(6) Subject to sub-rule (4) hereof:

(a) Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all Drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Chief Stipendiary Steward Mr McIntyre used the available race films to demonstrate the breach.  He identified JOLIMONT driven by Mr Butcher, who was racing five back on the fence as the field approached the 1700 metre mark.  On his outer was SHERLOCK (B Orange).  Nearing the 1600 metres, Mr McIntyre pointed out that SHERLOCK shifted into a 3-wide position and at that point, Mr Butcher shifted JOLIMONT out.  At the same time, TWO EYE SEE (B Mangos) was being driven forward and as a result of JOLIMONT’S outward shift, TWO EYE SEE was forced wider on the track.

In response, Mr Butcher said that there was enough room for him to shift out, and Mr Mangos was immediately able to position TWO EYE SEE on his back.  Therefore, there was little or no impact on that runner.

Decision:

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

Submission For Penalty:

Mr McIntyre said that Mr Butcher has a clear record under the ‘Push Out’ Rule and he is a busy northern based Driver.  He submitted that Mr Butcher should be given credit for his good driving record and admission of the breach.  He added that there are no aggravating factors associated with the breach.

The Penalty Guide provides for a $400 fine for a breach of the Push Out Rule in a Group or Listed Race. Mr McIntyre submitted that Stewards are seeking a fine of $300 under the circumstances of this breach.

Reasons For Penalty:

The Penalty Guide establishes a $400 fine as the starting point when the Push Out Rule is breached in a Group Race.

After evaluating the evidence and submissions, the Adjudicative Committee determined the breach could appropriately be dealt with by way of a fine.

Mitigating factors include Mr Butcher’s good record and his admission of the breach.  As a result of the shift, TWO EYE SEE was forced wider on the track but was able to immediately drop in behind JOLIMONT.  The impact on that runner was therefore minimal.

The are no aggravating factors to consider.

In consideration of the above factors, a $300 fine was imposed.

Conclusion:

The Respondent, Mr Butcher, is fined $300.