NZ Metro TC 15 April 2025 – R5 – Chris Butt

BACKGROUND:

Following the running of Race 5, Norwood Machinery Mobile Pace, Open Driver, Christopher Anthony Butt, admitted a breach of the Whip Rules in that, as the Driver of LORD MUDRICK in the race, he “used his whip with more than a wrist flicking motion 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, Matt Sole, showed a video relay of the final 200-300 metres of the race. He pointed out LORD MUDRICK, driven by Mr Butt, racing in the trail behind the leader, DON’T TELL JENNY, as the field turned into the final straight.

Mr Sole pointed out on the video replay that Mr Butt, in the run home, used his whip in more than a wrist only flicking motion on some five or six occasions, he alleged. The strikes were spaced and Mr Butt did return to a compliant style in the closing stages, Mr Sole said.

The Adjudicative Committee noted that LORD MUDRICK finished in 3rd placing in the race, 3¼ lengths from the winner.

Mr Butt accepted Mr Sole’s assessment and did not wish to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr Butt has had 10 drives in the current season and 43 drives in the 2024 season. He has a clear record.

Mr Sole then referred to the Penalty Guide starting points for a mid-level, first breach – $500 fine or 2-days suspension. He submitted that this breach was in the mid-level range and that a 2-days suspension would be an appropriate penalty.

Mr Butt expressed a preference for a suspension, and requested that any term of suspension commence after the meeting of NZ Metropolitan TC on 19 April.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a mid-level first breach, a 2-days suspension or a $500 fine. A “mid-level breach” is defined as “when the driver inadvertently uses the old whipping style for approximately 50 metres or more before returning to a compliant style”.  The Adjudicative Committee sees this particular breach as being mid-level within that definition.

Mr Butt has expressed a preference, in this instance, for a suspension. There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a mid-level breach of a 2-days suspension.

CONCLUSION:

Open Driver, Chris Butt, is suspended from after the close of racing on 19 April 2025, up to and including 25 April 2025 – 2 days.