Waikato BOP H 4 April 2024 – R4 – David Butcher

Summary of Facts:

Following the running of Race 4, the Respondent David Butcher admitted a breach of Rule 869(3)(b); namely that he shifted his runner CYCLONE JORDY inwards when not sufficiently clear of JUSTYOUWAIT and AMAZING CAPTAIN which were crowded entering the final turn.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward S Mulcay identified the horses involved in the incident.  He said that approaching the corner out of the home straight, Mr Butcher was racing in a 4 wide position while in the lead and elected to shift down to the running line. In doing so, he tightened JUSTYOUWAIT, who put pressure on AMAZING CAPTAIN, forcing it over a marker peg. Mr Mulcay said that both Drivers were not conceding their position and trying to get onto the back of CYCLONE JORDY, but the onus was on D Butcher, the Driver of CYCLONE JORDY, to ensure he was clear when crossing runners to his inside.

When asked for comment, D Butcher had nothing to offer.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Senior Stipendiary Steward S Mulcay produced the Respondent’s record which was clear.

Mr Mulcay  added that Stewards assessed the breach as low and the Guidelines referred to a penalty starting point of $300 or a 2 day suspension.

Mr Butcher submitted he would prefer a fine.

Reasons for Penalty:

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner(s), the Adjudicative Committee assessed the breach as low and adopted a $300 fine as the starting point.

The Respondent given credit for his good record (he is a very busy Driver) and admission of the breach, resulted in a $50 reduction from the starting point.

After evaluating all of the factors, the Adjudicative Committee determined a $250 fine to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was fined the sum of $250.