NZ Metro TC 23 May 2024 – R9 – Chris Butt

Summary of Facts:

Following the running of Race 9, the Respondent, Open Driver Chris Butt admitted a breach of Whip Rule 869(2) and the Whip & Rein Regulations.  The particulars of the charge are that when driving LORD MUDRICK 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 LORD MUDRICK, racing 3 back on the pylons as the field turned for home. Mr Renault showed that Mr Butt drew his whip and used it on 4 occasions with more than a wrist flicking motion in the early stages of the straight. He said that Mr Butt then went back to a compliant style of whip use for the remainder of the race.

Mr Butt elected to make no submissions in regard to the incident.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record which indicated a clear record. He added that Mr Butt had been warned at Addington on 8 May for his whip use.

Mr Renault said that Stewards assessed the breach to be low-level, with the starting point in the Penalty Guide providing a 2 day suspension or $300 fine as penalty for an initial breach. He submitted that Mr Butt sought a suspension as penalty and that a 2 day suspension be considered in this case.

Mr Butt confirmed Mr Renault’s submission that he would prefer a suspension as penalty. He also did not seek a deferment, requesting that his suspension begin as soon as possible.

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 also assessed the breach as low-level.

The Penalty Guide provides a 2-day suspension or $300 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, the Adjudicative Committee deemed a 2-day suspension to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 2 days commencing after racing on Sunday 26 May 2024, up to and including 2 June 2024. Relevant race days encompassed in this period of suspension are Addington – 30 May and Ashburton – 2 June 2024.