Non Raceday Inquiry – Written Decision dated 27 April 2022 – Zachary Butcher

Mr Butcher admitted a charge in that he permitted his mare to start from the incorrect barrier position in Race 8.

Mr Mulcay demonstrated on the videos that the Respondent scored up behind the mobile inside his brother in Barrier 6 when he should have been in Barrier 5. He maintained this position until the start. Ms Hibell who should have been to his outside was late in coming up and she elected to go inside the Respondent as there was nowhere else for her to go.

Mr Mulcay stated the Stewards had interviewed the Starter who told them he had failed to recognise what had happened. There was a lot of noise and his attention had been diverted by another Driver being unsure as to his correct position and by his assisting that Driver.

Mr Butcher explained that he had been interviewed by Trackside prior to the big race, and this had diverted his attention and he did not have a full opportunity to look at the card. He had looked at his number and had just scored up. He was unaware there was a scratching. He explained there was a lot of crowd noise and he had been unable to hear the Starter. To his knowledge the Starter had never instructed him to move down, and Ms Hibell had never got to his outside or called out to him that he was in her position. As far as he was concerned, he was in the right spot, and he believed the Starter should have noticed.

As Mr Butcher has admitted the breach, it is found proved.

Mr Mulcay produced the Respondent’s record which was clear under this Rule. He said the starting point in the Penalty Guide was a $400 fine and it was appropriate for the Adjudicative Committee to have regard to the matters that Mr Butcher had raised. The Stewards did not believe the Respondent’s starting from the incorrect position had had any bearing on the result of the race.

Mr Butcher reiterated the noise on the night at that particular starting point was extremely loud and that the Starter should have been aware he was in the wrong position.

We take the $400 starting point in the Penalty Guide. Mr Butcher is a very experienced Driver, and the onus is on him to ensure that he starts from the correct barrier position. Ms Hibell was unable to take up her rightful position and as a consequence she slotted down and into the position where the Respondent should have been. This was only noticed by the Stewards after the event.

Having regard to the noise on the night at that starting point, that there was no action taken by the Starter, and the Respondent’s good record under this Rule, we impose a fine of $350 and remind him of his professional obligations.