Timaru HRC 26 May 2024 – R10 – Kimberly Butt

EVIDENCE:

Following the running of Race 10, Stipendiary Steward Mr Matt Sole presented an Information alleging a breach of Rule 869(3)(b) by Driver Miss Kimberly Butt.

Miss Butt stated she was conversant with the Rule, the Charge and confirmed she admitted the breach.

Mr Sole played the video of the first 200m of the race and identified Miss Butt driving JAZZYS UPSTART drawn 2 in the mobile 2050m event. He pointed to Miss Butt ease her horse after 50m and shift down the track to take a trail behind the leader ENYA FRANCO (C Thornley), who had drawn one inside Miss Butt.

Mr Sole identified NO PERFECT PRINCESS (B Butt), who had drawn behind ENYA FRANCO and was racing inside the wheel of Miss Butt. He said Miss Butt had insufficient room to shift into the trail and has forced Mr Butt to check out of his rightful position.

Miss Butt declined to make any submissions.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said Miss Butt had a clear record and Stewards saw this breach as mid-level. He said the starting point for a first breach is a $500 fine or a 2-day suspension.

Miss Butt said she thought the camera angle made the incident look worse than it was and believed it was more in the low to mid-range.

REASONS FOR PENALTY:

The Penalty Guide provides a $500 fine or a 2-day suspension starting point for a first breach of the Rule.

Miss Butt said she would prefer a fine rather than a suspension.

The Adjudicative Committee considers a $500 fine appropriate in the circumstances of this case as it is of the view, it was a mid-range breach.

CONCLUSION:

Driver Miss Kimberly Butt is fined $500.