Hawera HRC 31 January 2025 – R6 – David Butcher

ID: RIB51273

Respondent(s):
David John Butcher - Driver

Applicant:
Mr Steve Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr S Mulcay, Mr D Butcher

Information Number:
A16276

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
Cracker Rock

Code:
Harness

Race Date:
31/01/2025

Race Club:
Hawera Harness Racing Club

Race Location:
Hawera Racecourse - Waihi Road, Hawera, 4610

Race Number:
R6

Hearing Date:
31/01/2025

Hearing Location:
Hawera Racecourse - Waihi Road Hawera

Outcome: Proved

Penalty: Driver David Butcher is suspended for 2 days

Background:

After the running of Race 6, the ‘Uhlenberg Haulage/Baker Tilly Staples Mobile Pace’, an Information was lodged alleging a breach of Rule 869(3)(b). Details are as follows:

‘Drove carelessly when shifting outwards near the 200m checking Captain Zenzi and Run Mason Run which both broke losing all chance’.

Rule 869(3)(b) provides –  ‘No driver in any race shall drive – carelessly.

Mr Butcher confirmed he understood the Rule and admitted the breach.

Evidence:

Stewards identified the incident by way of film. On approaching the 200 metre point, CRACKER ROCK was positioned behind horses and away from the fence. To his outside were CAPTAIN ZENZI (Mr Dylan Ferguson) and RUN MASON RUN (Mr Saleish Abernethy). The Respondent is seen to shift ground outwards, to finish the race off. In moving ground, the outer horses are checked and break, losing all chance.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Stewards contended that the degree of carelessness sat at high end. They produced Mr Butcher’s record, which is clear in respect of any breach of this type within the 6 month reset period. His driving record remains exemplary. The Adjudicative Committee was referred to the current Harness Racing Penalty Guide. Mr Butcher sought that in the event of imposition of a suspension, same be deferred to enable him to satisfy commitments at Auckland on 7th February 2025.

Reasons for Penalty:

The incident is satisfactorily identified by film. The horses situated to the outside of CRACKER ROCK, are severely checked by the actions of the Respondent, with their chances effectively extinguished.  Given the extent of interference and it’s consequence, carelessness is deemed to be in the high range. The current Penalty Guide provides for a starting point of 3 days suspension in such circumstance ie: 1st breach. This is adopted. Penalty is in turn, reduced by 1 day to reflect Mr Butcher’s record. A 2 day suspension is imposed. The request for deferment is granted.

Conclusion:

Mr Butcher’s Licence to drive is suspended for 2 days, from close of racing on 7th February 2025, up to and including 13th February 2025. Meetings incorporated are Manawatu Harness on 11th and 13th February 2025.

Decision Date: 31/01/2025

Publish Date: 03/02/2025