NZ Metro TC 11 October 2024 – R7 – Robert Butt

Summary of Facts:

Following the running of Race 7, the Group 1 Canprint -Flying Stakes 1980m, an Information was filed by the Chief Stipendiary Steward Mr McIntyre alleging the Respondent Robert Butt breached Rule 869(4)(6)(b)(c) in that as the Driver of WE WALK BY FAITH “he shifted ground outwards passing the 1300m forcing an outside runner, COLD CHISEL, wider on the track, a breach of the push out rule.”

The ‘Push Out Rule’ (r689) provides that:

(6) Subject to sub-rule (4) hereof:

(a) Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all Drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Mr Butt confirmed his admission of the breach and his understanding of the Rule.

Chief Stipendiary Steward Mr McIntyre used the available race films to demonstrate the breach.  He identified WE WALK BY FAITH driven by Mr Butt, racing in 2nd last position and 2 off the running line with COLD CHISEL, driven by Zachary Butcher, racing in the 3 wide line behind Mr Butt.  He said that Mr Butt shifted out onto the back of  BETTER KNUCKLE UP, driven by Scott Phelan, when COLD CHISEL was on his wheel and in doing so, he forced COLD CHISEL wider on the track – in breach of the Push Out Rule.

Mr McIntyre stated that the consequences of Mr Butt’s actions were low, with little or no affect to COLD CHISEL’S chances.

Mr Butt elected to make no submissions in regards to the incident.

Decision:

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

Submissions for Penalty:

Mr McIntyre said that Mr Butt has a clear record under the ‘Push Out’ Rule.

He stated that the race was a Group 1 event, with the Penalty Guide providing a $400 fine or 2 day suspension as a starting point.

Mr McIntyre submitted that the breach was low level, due to the low consequences of the offence.

Mr Butt submitted that a fine was preferred as penalty.

Reasons for Penalty:

The Penalty Guide establishes a 2 day suspension or $400 fine as the starting point, when the Push Out Rule is breached in a Group Race.

Mr Butt’s submission on a penalty of a fine was considered, with the Adjudicative Committee determining that a fine was an appropriate penalty in this case.

After evaluating the evidence and submissions, the Adjudicative Committee determined that the breach had minimal impact on the affected runner, COLD CHISEL and agreed with the Stewards that the breach was low level.

Mitigating factors include Mr Butt’s good record and his admission.

There are no aggravating factors to consider, therefore no uplift was warranted.

Taking all factors into consideration, a $300 fine was imposed.

Conclusion:

The Respondent, Mr Butt, is fined $300.