Oamaru HRC 8 March 2023 – R4 – Kimberly Butt

Mr Williams alleged that Ms K Butt (HES SANTAS EXCUSE), drove carelessly near the 300 metres in Race 4 when allowing her horse to contact the sulky wheel of REFORMED which punctured.

Evidence

Mr Williams demonstrated on the videos that near the 300 metres, the outside leg of HES SANTAS EXCUSE appeared to have struck the inside sulky wheel of REFORMED (Ms Ottley). He showed two close up angles where that leg was close to the cart of Ms Ottley. On one occasion, Ms Ottley can be seen to look to her inside.

Mr Williams called Ms Ottley to give evidence. She said that the tyre on the inside sulky wheel of her cart had deflated just past the 300 metres and eventually had come off the rim. She said she heard a bang and that was when she looked to her inside. She said she had not shifted ground at the time and was following Mr N Williamson (JACCKA OPA). Ms Ottley also said she was looking to see if she had made the right call, and whether she should have shifted to the inside of Mr Williamson, as Ms Butt had done. She added she had never got a run in the straight.

Ms Butt questioned Ms Ottley as to whether JACCKA OPA had gone rough. She said she had not thought about it at the time but could see on the video that the horse had briefly.

Ms Butt said she did not realise there had been contact with Ms Ottley’s cart. She could see on the videos that the outside leg of HES SANTAS EXCUSE had got close to the cart, but it was difficult to point to when there was contact. Ms Butt said she did not hear anything; it must have been a glancing strike. She emphasised there had been a slackening of the pace when she shifted down to the inside of REFORMED. Although JACCKA OPA had not come back at a rapid speed, the jamming up may have been enough to cause the incident. She accepted she was shifting ground at the time, as she had realised Mr Williamson was not travelling that well.

Reasons for Decision

The videos are not conclusive, as the parties and the witness agree. However, near the 300 metres, Ms Butt, who has been following Ms Ottley, decides to change ground and shift to her inside to take a run. At this time the outside leg of HES SANTAS EXCUSE can be seen to get close to Ms Ottley’s cart. She says there was a bang. Ms Ottley then looks to her inside and the tyre on the inside wheel of her cart deflates.

The Driver shifting ground at the time is Ms Butt. There may have been a slight slackening of the pace at the time, as Ms Butt alleges, but this is not sufficient to find that it was simply a racing incident. She has allowed HES SANTAS EXCUSE to get too close to Ms Ottley’s cart.

Decision

The charge of careless driving is found to be proved.

Submissions for Penalty

Mr Williams said Ms Butt’s record under this Rule is clear. He added that although Ms Butt had not admitted the breach, she had been co-operative with the Stewards. He submitted a penalty at the last $300 starting point in the Penalty Guide was appropriate. Ms Butt emphasised her good record and the fact that it must have been a very light touch, as she was unaware of it at the time.

Reasons for Penalty

The breach is low end. It is an error of judgement on Ms Butt’s part. She has allowed her horse to get too close to the cart of REFORMED at a time when the pace slackened slightly. Ms Ottley has said she did not get a run and so there is no suggestion that the tyre, which had deflated by the end of the race, had cost her horse a dividend bearing position.

Having regard to the circumstances of the breach, there is no need to uplift the starting point in the Penalty Guide. After considering comparable cases, and giving credit for Ms Butt’s clear record, the penalty is a fine of $250.

Conclusion

Ms Butt is fined $250.