NZ Metro TC 16 April 2022 – R4 – Bob Butt

ID: RIB8599

Respondent(s):
Bob Butt - Driver

Applicant:
Nigel McIntyre, Chief Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Dave Anderson

Information Number:
A16133

Decision Type:
Race Related Charge

Charge:
Using whip in more than a wrist only flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
MANHATTAN

Code:
Harness

Race Date:
16/04/2022

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R4

Hearing Date:
16/04/2022

Hearing Location:
Addington Raceway, Christchurch

Outcome: Proved

Penalty: Driver Bob Butt fined $200

BACKGROUND:

Following the running of Race 4, Dunstan  Horsefeeds “Ratto” Showcase Mobile Pace, the Respondent Driver Bob Butt admitted a breach of Whip Rule 869(2). The particulars of the charge are that Mr Butt, as the Driver of MANHATTAN in the race, used his whip with more than a wrist only 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 Whip and Rein 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 the tip of the whip pointed forward in an action which does not engage the shoulder.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, used a video replay to demonstrate the breach. He pointed out MANHATTAN, driven by Mr Butt, which had improved wide on the track rounding the home turn and was looking for a run between runners. He then pointed out Mr Butt use his whip on four occasions in what, he alleged, was more that a wrist only flicking motion and engaging the elbow. Over the concluding stages, Mr Butt ceased using his whip, the horse eventually finishing in 5th placing.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, Nigel McIntyre, said that Mr Butt has had 104 drives in the current season to date (from 1 January 2022) and last season had a total of 338 drives. He has a clear record. Stewards believed that the breach was low-level and could be dealt with by way of a fine of $200, he said.

REASONS FOR PENALTY:

The breach was a low-level one. A low-level  breach is defined in the HRNZ Whip Penalty Guide effective 1 October 2020 as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. The penalty range specified for such a breach (first offence) is $200-$400. Mr Butt has a clear record. A fine at the lower end of the penalty range is appropriate.

CONCLUSION:

The Respondent is fined $200.

Decision Date: 16/04/2022

Publish Date: 19/04/2022