Auckland TC 3 December 2021 – R9 – Zachary Butcher

ID: RIB6204

Respondent(s):
Zachary Butcher - Driver

Applicant:
Philippa Kinsey - Stipendiary Steward

Adjudicators:
Bryan Scott

Persons Present:
Matthew Williamson - Senior Stipendiary Steward

Information Number:
A18411

Decision Type:
Adjudicative Decision

Charge:
Using Whip outside the confines of the Sulky and with more than a wrist flicking motion.

Rule(s):
869(2) and the Whip and Rein Regulations

Plea:
Admitted

Animal Name:
MATT MAJOR

Code:
Harness

Race Date:
03/12/2021

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R9

Hearing Date:
03/12/2021

Hearing Location:
Alexandra Park Auckland

Outcome: Proved

Penalty: Driver Zachary Butcher was fined $200

SUMMARY OF FACTS:

Following the running of the BRECKON FARMS 2YO MOBILE PACE an Information was lodged by Stipendiary Steward Miss P Kinsey against Open Horseman Mr Z Butcher alleging that Mr Butcher driving MATT MAJOR used his whip outside the confines of the sulky and with more than a wrist flicking motion in the run home.

Mr Butcher was present at the hearing and confirmed that he admitted the breach.

EVIDENCE:

Miss Kinsey demonstrated the incident using the available race films. She showed where in the run home Mr Butcher struck his horse 3 times and in doing so his arm was well outside of the confines of the sulky and he virtually used a sideways motion.

Mr Butcher’s horse ran outwards sharply when he used the whip. He said in response that the horse was trying to run out the gate.

When asked Mr Butcher’s reply was ” hey, I have admitted the charge”

REASON FOR DECISION:

The film evidence is very clear. Further to that the Committee doesn’t accept for a moment Mr Butcher’s suggestion that his horse was aiming to run out the gate. The Committee believes that it was running away from the whip.

The charge is accordingly proved.

SUBMISSION FOR PENALTY:

Miss Kinsey said that the charge was at the low end of the scale because there were only 3 strikes. She also said that Mr Butcher has a very good record and he is a very busy Driver and he should be given credit for these. She submitted that a fine of $200 was appropriate.

Mr Butcher said he drives in most races every night and he accepted a fine of $200.

REASON FOR PENALTY:

We are dealing with 3 strikes with the whip although they are significant strikes. The Committee believes that the incident is in the low to mid range of the level of seriousness.

The Committee is aware that Mr Butcher is a very busy Driver and he does have a good record. I have taken these factors into account when assessing penalty.

CONCLUSIONS:

Mr Butcher is fined $200.

Decision Date: 03/12/2021

Publish Date: 06/12/2021