Waikato BOP H 16 May 2024 – R7 – Zachary Butcher

Summary of Facts:

Following the running of Race 7, the Respondent Zachary Butcher admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip with more than a wrist flicking motion early 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 S Mulcay used available video footage to demonstrate the breach. He said that Mr Butcher commenced to use his whip just after entering the straight. He said that 3 of the strikes were more than a wrist flicking motion, before Mr Butcher reverted to a compliant style.

Mr Butcher said he stopped using the whip when he realised his horse was beaten and inferred that he had seen worse incidents without charges.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay said that the Stewards viewed the breach at the low level.

He said Mr Butcher had a clear record.

Mr Mulcay said that the Stewards would be seeking a penalty in line with the Guidelines, which preferred a fine of $300 or a two day suspension.

Mr Butcher said his breach was at the low level and a $200 fine should be appropriate.

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 low level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A low-level breach, has a start point of a $300 fine or a 2 day suspension.

In addressing Mr Butcher’s request for a reduced fine, the Adjudicative Committee advised that it would be unusual for an Adjudicative Committee to reduce from the starting point for a breach of the Whip and Rein Regulations and on this occasion, the Adjudicative Committee didn’t identify any compelling reason as to why it should do so.

Having considered all factors, the Adjudicative Committee deemed a fine of $300 to be an appropriate penalty.

Conclusion:

Mr Butcher is fined $300.