Waikato BOP H 26 February 2023 – R6 – Benjamin Butcher

Evidence:

Following the running of Race 6, and after the hearing of the protest lodged by Mr Mulcay, he lodged an Information charging Mr Butcher with careless driving in breach of Rule 869(3)(b).

As the protest decision records, Mr Butcher allowed his horse, “SCOUTS HONOUR” to shift inwards near the 1800 metre mark, when insufficiently clear of “JOHN WAYNE” so as to contact the front off hoof of the horse causing it to break into a gallop, losing 8-10 lengths.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Mulcay said the carelessness was at the lower end of the scale, Mr Butcher had an exemplary record, was a prominent Driver, having had over 2,500 drives.

Reasons for Penalty:

Because the careless driving eventuated in Mr Butcher’s horse being relegated from 2nd to 4th, the HRNZ Penalty Guide provides a “starting point” of 4 days suspension.  The Adjudicative Committee adopts that guide, but to recognise Mr Butcher’s outstanding record, the Adjudicative Committee considers a mitigating discount of 1 day is appropriate.

Conclusion:

Accordingly, his licence to drive is suspended for 3 days, namely on 3, 9, and 10 March 2023.