NZ Metro TC 13 September 2024 – R5 – Bob Butt

BACKGROUND:

Following the running of Race 5, Woodlands Stud Sires’ Stakes “Harness 7000” Mobile Pace (Listed), Stipendiary Steward, Paul Williams, filed an Information alleging that Open Driver, Bob Butt, as the Driver of BRONSON in the race, “used his whip with more than a wrist flicking motion rounding the final bend and in the run home”.

Rule 869 provides:

(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.

The Whip and Rein Regulations provide:

3.1     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final 200-300 metres of the race. He pointed out BRONSON, driven by Mr Butt, making ground 4-wide as the field turned into the home straight.

From just prior to the home turn, Mr Butt commenced using his whip, on two occasions and, Mr Williams alleged, in the early to middle stages of the run home used his whip again in more than a wrist only flicking motion on a further seven occasions, prior to reverting to a compliant style over the final 100 metres. Stewards assessed the breach as being mid-level, Mr Williams said.

Mr Butt agreed with Mr Williams’ submissions and did not wish to add anything.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Butt has a clear record under the Whip Rules.

The Penalty Guide starting point for a first, medium-level breach, in a Listed Race, is a 3-days suspension and a fine of “25% of the Driver’s stake”, and the Stewards were submitting that was an appropriate penalty for this breach, Mr Williams said.

Mr Butt submitted that such penalty does not fit the crime. A $50,000 Race did not justify the consequences to him of a 3-days suspension as well as a fine. That would be a “big, big loss”, he said. He requested that any term of suspension commence immediately. He informed the Adjudicative Committee that he would possibly have been taking horses to the meeting of Winton HRC on 19 September next.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 3-days suspension for a medium-level, first breach in a Listed Race. The Adjudicative Committee accepts that this particular breach is a mid-level one. A medium-level breach is defined as “when a Driver inadvertently reverts to the old style (freehand, loose-reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style”. The number of offending strikes was mid-range and the strikes were compliant over the final 100 metres or so.

There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point of a 3-days suspension.

Mr Butt’s 25% share of the winning stake ($1,381.25) amounts to $345.

CONCLUSION:

Open Driver, Bob Butt, is suspended from after the close of racing on 13 September 2024, up to and including 22 September 2024 – 3 days.

In addition, Mr Butt is fined the sum of $350.