Kaikoura TC 4 November 2024 – R7 – Bob Butt

BACKGROUND:

Following the running of Race 7, The White Morph South Bay Trotters Cup (Handicap Trot), Open Driver, Bob Butt, denied a charge that, as the Driver of GOLD BULLION in the race, he “shifted inwards near the 300 metres checking GEORGE ELIOT (Robbie Close), which broke and lost all chance”.

Rule 869 provides:

(4)   No driver in any race shall drive:

       (b)  carelessly.

 EVIDENCE:

Chief Stipendiary Steward Nigel McIntyre, showed the available video replays of the incident, just prior to the home turn. He pointed out GEORGE ELIOT, driven by Mr Close, racing four places back on the markers behind AARDIEBYTHEHILL (Tim Williams). GOLD BULLION, driven by Mr Butt, was racing three places back in the one-out line, in front of GEORGE ELIOT.

Mr McIntyre then showed that, at approximately the 400 metres, AARDIEBYTHEHILL broke. GEORGE ELIOT was checked and came away from the markers and, still trotting, became awkwardly placed to the inside of GOLD BULLION. Mr McIntyre alleged that Mr Butt then shifted down the track, forcing Mr Close to take hold.

Mr Close said that he had come off the back of the galloping AARDIEBYTHEHILL into a small gap. He had to “hang on enough” to get around that runner. Mr Butt had come down and his horse GEORGE ELIOT galloped, he said. He added that AARDIEBYTHEHILL had shifted away “fractionally” from the markers. He did not believe that Mr Butt had made any contact.

In response to a question by Mr Butt, Mr Close said that he had been placed in restricted room when Mr Williams’ runner moved out. There had been movement from both sides, he said.

Mr Butt said that he was entitled to be in the position he was, on the back of MIDNIGHT DASH (Ricky May).  Mr Close should have been on either Mr Williams’ back or his back, and not in between the two runners, Mr Butt said. There was no room for Mr Close to go there, he said. Mr Close was in “no man’s land” and had driven into his path.

Mr McIntyre said that it was clear that AARDIEBYTHEHILL had galloped at the 400 metres. It was for the Adjudicative Committee to decide whether Mr Close had shifted outwards and his runner had continued to trot. Stewards were of the opinion that Mr Butt had originally intended to go to the outside of MIDNIGHT DASH but, once AARDIEBYTHEHILL had galloped, there was a run available to the inside, Mr McIntyre said. The Adjudicative Committee needed to decide whether Mr Butt was clear of Mr Close and whether there was any movement by Mr Williams’ runner that had shifted Mr Close out into Mr Butt’s path, he said.

DECISION:

The charge was dismissed.

REASONS FOR DECISION:

The Adjudicative Committee was not satisfied that Mr Butt had driven carelessly. The Adjudicative Committee considered what happened to be a “racing incident”. The incident began with AARDIEBYTHEHILL galloping while racing three places back on the markers, in front of GEORGE ELIOT. Mr Close was justified in shifting out to avoid the galloping runner. The Adjudicative Committee finds that, in doing so, he placed his runner in restricted room, while GOLD BULLION was minding its own business.

With AARDIEBYTHEHILL breaking when it did, there was a run for Mr Butt to the inside of MIDNIGHT DASH. In the meantime, Mr Close had improved into a tight gap between the galloping AARDIEBYTHEHILL and GOLD BULLION. The Adjudicative Committee also found that the former had shifted out while in a gallop which, most likely contributed to GEORGE ELIOT’s breaking. There was clearly no contact by GOLD BULLION to that runner.

The incident resulted from a combination of factors that led to GEORGE ELIOT breaking. Having regard to those, the Adjudicative Committee cannot be satisfied to the required standard that any interference suffered by GEORGE ELIOT, can be solely attributed to any carelessness on the part of Mr Butt and, accordingly, the charge is dismissed.