Marlborough HRC 19 January 2024 – R6 (heard 21 January 2024 at Blenheim) – Chris Butt

Summary of Facts:

This was an adjourned hearing from the Marlborough Harness Racing Club’s Meeting on 19 January 2024.

Following the running of Race 6, the Respondent Open Driver Chris Butt admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving MIDFREW LUCRE, he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Chief Stipendiary Steward Nigel McIntyre used available video footage to demonstrate the breach. He pointed out Mr Butt driving MIDFREW LUCRE racing widest on the track as the field turned for home. Mr McIntyre showed that Mr Butt drew his whip, shortly after turning for home, using it on five occasions with more than a wrist flicking motion. He added that Mr Butt promptly returned back to a compliant style of whip use for the remainder of the race.

Mr Butt elected to make no submissions in regard to the breach.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntyre produced the Respondent’s record which indicated a clear record. He added that Mr Butt was warned at the Banks Peninsula Meeting on 7 January 2024 for use of whip with more than a wrist flicking motion.

Mr McIntyre said that Stewards assessed the breach to be low to mid-level with the Penalty Guide providing a 2 day suspension or $300 fine for a low breach and a 2 day suspension or $500 fine for a mid-range breach. Mr McIntyre submitted a 2 day suspension be considered as penalty in this case.

Mr Butt submitted that a suspension was preferred as penalty and did not seek a deferment.

Reasons for Penalty:

After consideration of the evidence and submissions from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as  low to mid-level.

The Penalty Guide provides a 2-day suspension starting point for a low or mid-range breach.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking consideration of all factors and submissions, the Adjudicative Committee deemed a 2-day suspension to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 2 days, commencing after racing today, 21 January 2024, up to and including 26 January 2024. Relevant race days encompassed in this period of suspension are Forbury Park at Oamaru – 24 January and Addington – 26 January 2024.