NZ Metro TC 23 May 2024 – R8 – Robert Butt

Summary of Facts:

Following the running of Race 8, the Respondent, Open Driver Robert Butt admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving FIGHT FOR FREEDOM he used his whip with more than a wrist 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 Use of the Whip Regulations made by the Board.

Stipendiary Steward Shane Renault used available video footage to demonstrate the breach. He pointed out Mr Butt driving FLIGHT FOR FREEDOM as the field turned for home. Mr Renault showed that Mr Butt drew his whip and used it on 8 to 10 occasions with more than a wrist flicking motion.

Mr Butt was excused from attending the hearing as he had horses to attend to and prepare for transport home.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which indicated a clear record apart from a warning on 30 March 2024 at Addington.

Mr Renault said that Stewards assessed the breach to be mid-level due to the number of strikes that were more than a wrist flicking motion. He said the Penalty Guide starting point for a mid range initial breach is a $500 fine or a 2 day suspension.

Mr Renault stated that Mr Butt had requested a fine as penalty and that a $400 fine be considered.

Mr Renault’s submissions on penalty were that a $500 be considered.

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 a degree above mid range when finding a count of 10 to 12 strikes with more than a wrist flicking motion.

The Penalty Guide provides a 2-day suspension or $500 starting point for an initial breach of this Rule.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking consideration of all factors, including that the breach was deemed a degree above mid range, it was determined that a $500 fine was an appropriate penalty in this case.

Conclusion:

Mr Butt was fined the sum of $500.