Invercargill HRC 21 April 2024 – R8 (heard 26 April 2024 at Addington) – Bob Butt

Summary of Facts:

This was an adjourned hearing heard at the NZMTC Meeting at Addington on 26 April 2024.

Following the running of Race 8, the Group 1 Diamond Creek Farm 2yo Classic, Respondent Open Driver, Bob Butt, admitted a breach of Rule 869(7A)(a), namely that UKRAINE, driven by Mr Butt, contacted two track markers in the run home.

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

Rule 869(7A)(a) provides:

(7A) Every driver who moves inwards shall ensure:

(a) that contact is not made with any track marker

Using available video footage, Stipendiary Steward Mr Renault identified UKRAINE, driven by Mr Butt, who contacted two track markers shortly after the passing lane was made available. He showed Mr Butt driving UKRAINE, 3 back on the pylons trailing ALWAYS DREAMING, driven by Nathan Williamson, as the field turned for home. Mr Renault stated that Mr Williamson had the first rights to the passing lane and took up that opportunity. Mr Butt, he said, was looking for racing room on the inside of Mr Williamson and as a result, struck 2 pylons in the early stages of the home straight.

Mr Butt explained that UKRAINE was racing greenly, laying in at at the time and he was looking for a run inside ALWAYS DREAMING in restricted room. He conceded that he had struck 2 track markers.

Decision:

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

Submissions for Penalty:

Mr Renault stated that a breach of this Rule was usually dealt with by way of a Minor Infringement Notice and a fine of $100.

As this race was a Group 1 event, the status of the race was an aggravating factor, he said.

Mr Renault produced the Respondent’s record which showed a previous breach under this Rule at Addington on 18 April 2024, where he received a $200 fine for striking track markers in a Listed Race.

Mr Renault stated that the Penalty Guide under the MIN system provided a starting point of a $100 fine. Aggravating factors, he said, were the status of the race, Group 1 and Mr Butt’s record, showing a previous breach last week at Addington. Mr Renault submittd that a $300 be considered as penalty in this case.

The Respondent stated that a $300 fine was a reasonable level of fine for a breach in a Group 1 Race.

Reasons for Penalty:

The Penalty Guide under the MIN system provides a $100 fine for a first offence.

Aggravating factors are the status of the race, being a Group 1 event and Mr Butt’s record, showing a previous breach last week, warranting an uplift in penalty. This uplift was set at $200.

Accordingly, Mr Butt is fined the sum of $300.

Conclusion:

The Respondent, Mr Butt, was fined the sum of $300.