NZ Metro TC 9 May 2025 – R7 – Kimberly Butt

Following the running of Race 7, Lamb & Hayward Handicap Trot, Open Driver Kimberly Butt, admitted a breach of the Whip Rules in that, as the Driver of MASTER CLASS in the race, “she used her whip in a continuous manner 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:

3.3     A driver shall not use a whip in an unapproved manner.

 3.4     For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

 3.4.2  If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward Paul Williams, showed a video replay of the final stages of the race. He pointed out that, as the field turned into the final straight, MASTER CLASS, driven by Ms Butt, was racing outside the leader, RUSH. He said that Stewards were alleging that Ms Butt, at approximately the 150 metres, activated gear with her right hand and then with her left hand. From that point, he alleged, Ms Butt used her whip approximately 15 times in a continuous manner. She reverted to a compliant style approximately 40 metres prior to the finishing line, Mr Williams said. The whip use was not excessive, but it was continuous, Mr Williams submitted. Stewards considered the breach to be a low-level breach, he said.

Ms Butt stressed that the offending whip use was only over 100-110 metres. PREMIUM PLAYER was coming quickly outside her runner, she said, and her runner was responding. Many of the strikes were “urges” rather than strikes. It was “borderline continuous”, she submitted. She agreed with the submission of Stewards, that it was a low-level breach.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams told the hearing that Ms Butt has a clear record. She has had had 107 drives this season and 338 last season. The Penalty Guide starting point for a low-level, first breach is a fine of $300, or a 2-days suspension. Ms Butt has indicated to Stewards that she would prefer a fine over a suspension. A $300 fine would be an appropriate penalty, Mr Williams said.

Ms Butt repeated her earlier submissions and stressed that the breach was low-level.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first, low-level breach of a $300 fine, or a 2-days suspension. A “low-level breach” is defined as when a Driver “inadvertently uses the old whipping style before promptly returning to the compliant style”. The Adjudicative Committee is comfortably satisfied that this particular breach can be regarded as being low-level, within that definition. It is noted that Ms Butt preferred a fine.

It is an aggravating factor that Ms Butt won the race. Against that, Ms Butt has a clear record and has made a frank admission of the breach. The result is that a fine of $300 is imposed.

CONCLUSION:

Open Driver Kimberly Butt, is fined the sum of $300.