NZ Metro TC 23 March 2022 – R1 – Chris Butt

Summary of Facts:

Following the running of Race 1, Respondent Mr Chris Butt admitted a breach of Whip Rule 869 (2).  The particulars of the charge are that “he used his whip with more than a wrist flicking motion”

Rule 869 provides that:

(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.

Stipendiary Steward Mr Paul Williams used available video footage to demonstrate the breach. He showed Mr Butt (ALL TOO WELL) under pressure at the 400 metres strike his horse 4 times well in excess of the Regulations.

Mr McIntyre advised the Adjudicative Committee Mr Butt was excused from the hearing to avoid any Covid risk, especially for a low-level breach such as this.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Williams produced the Respondent Mr Butt’s record which indicated a warning for this Rule on 19th February this year.

Mr Williams said that Stewards assessed the breach to be low-level, and submitted that it be dealt with by way of a $200 fine.

Mr McIntyre advised that the Respondent was aware a fine in this region would be imposed.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A Low-level Penalty range is $200-$400 (first offence).

There were no mitigating or aggravating factors here.

Having considered all factors, the Adjudicative Committee deemed a fine to be an appropriate penalty.

Conclusion:

The Respondent is fined $200.