Waikato TR 4 May 2024 – R8 – Ciel Butler

Evidence

Following the running of Race 8, Apprentice Rider Ms C Butler, defended a charge of careless riding, which was filed pursuant to Rule 638(1)(d). The Information alleged that Ms Butler permitted her mount ORANGE PEARL to shift inwards when insufficiently clear of SULABELLA, which was dictated inwards onto URBAN MYTH, which was forced inwards onto FRANCEE, which had to be checked near the 900 metres.

Rule 638(1)(d) provides: A rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Mr Jones advised he would call four witnesses – Mr A Dooley (Senior Stipendiary Steward), Mr W Kennedy, Mr V Colgan and Ms K Myers (Jockeys).

Witness Mr Dooley

Mr Dooley demonstrated on the film, that Ms Butler on ORANGE PEARL, had taken up a position 5 horses wide coming towards the 900 metres. Ms Myers on her mount SULABELLA, was on the inside and 1 length behind ORANGE PEARL in the 4 wide position. Ms Butler then gradually shifted across into a 4 wide position, when not sufficiently clear of Ms Myers on SULABELLA. Ms Myers was dictated inwards onto Mr Colgan’s mount URBAN MYTH, who was forced onto Mr Kennedy’s mount FRANCEE, which had to be checked.

At no point was Ms Butler the required own length and one other clear of Ms Myers.

Mr Harris in cross examination, asked Mr Dooley whether a gap could be seen between Ms Butler and Ms Myers’ mount and Ms Myers’ and Mr Colgan’s mounts on the film.  Mr Harris felt that Ms Myers had had an influence on the incident.

Mr Dooley responded that just because there was a gap, this did not mean there was no interference, there did not have to be contact to establish interference. Riders needed to be their own length plus one other clear when shifting ground, and Ms Butler was not this amount clear when she moved from 5 wide to 4 wide.

Witness Mr W Kennedy

Mr Kennedy confirmed that he was the Rider of FRANCEE. He explained that after 250 metres, he had established his position on the inside of Mr Colgan. He then received pressure from the outside and had to check his horse FRANCEE, when Mr Colgan’s mount URBAN MYTH shifted down. In answer to a question from Mr Jones, he stated that Mr Colgan’s mount was three quarters to a length in front of his.

In response to questions from Mr Harris, Mr Kennedy advised he had called out to Mr Colgan and that he could not see what had forced Mr Colgan’s mount down onto FRANCEE.

Witness Mr V Colgan

Mr Colgan confirmed that he was the Rider of URBAN MYTH. He said he had received pressure from Ms Myers’ mount SULABELLA, when it shifted ground and moved down. He had to come off her heels and was forced down onto Mr Kennedy’s mount FRANCEE.

In answer to a question from Mr Jones, Mr Colgan advised that at the time of the incident, Ms Myers’ mount was a bare length in front of his.

Mr Harris asked whether he had called out to Ms Myers and whether Mr Colgan could see if there was any pressure on Ms Myers from the outside. Mr Colgan advised that he had called out to Ms Myers, but he could not see if she was receiving any pressure from her outside.

Witness Ms K Myers

Ms Myers confirmed that she was the Rider of SULABELLA.

Ms Myers explained that she had taken up a position 4 wide to the inside of Ms Butler on ORANGE PEARL. She considered it was a very messy race, Mr Colgan’s horse on her inside was over racing. When Ms Butler had shifted in on ORANGE PEARL, she was almost clear of SULABELLA, but Ms Myers said that she was forced in, or she risked clipping the heels of Ms Butler’s mount ORANGE PEARL. In her view, the movement was gradual, but Ms Butler was not sufficiently clear of her horse.

Mr Harris asked whether she had called out to Ms Butler and Ms Myers said she had not and she had not heard Mr Colgan or Mr Kennedy call out. He also pointed out that there was always a gap between ORANGE PEARL and SULABELLA.

Respondent

Witness Mr Harris

Mr Harris gave evidence in support of the Respondent. He noted that what had unfolded was unfortunate and it was a messy race.

He pointed out that the movement inwards by Ms Butler on ORANGE PEARL had been very gradual and demonstrated on the head on film, that there was always a gap between ORANGE PEARL and SULABELLA and SULABELLA and URBAN MYTH. He noted that Ms Myers had not called out to Ms Butler and felt that Ms Myers had some influence on the incident.

He advised, (confirmed by Ms Butler and Mr McLaughlin) that Ms Butler’s instructions had been to stay out and so she had no reason to seek to move in.

Witness Ms C Butler

Ms Butler confirmed that she was the Rider of ORANGE PEARL. She demonstrated on the film that after the start of the race, she had taken up a position 5 wide. She showed that Ms Myers on SULABELLA, had been behind her and wider at the start of the race, then improved to be on her inside slightly behind her.

Ms Butler considered that she had held her line and any movement inwards had been very gradual.

Summing Up

The Stewards acknowledged that there were different opinions regarding the incident. They disagreed with Mr Harris’ view that because in the head on film there was a gap between Ms Butler’s mount ORANGE PEARL and Ms Myers’ mount SULABELLA, Ms Butler did not dictate to Ms Myers. In their view, the film clearly showed that Ms Butler shifted inwards from 5 to 4 wide approaching the 900 metres. In doing so, she was not the required own length plus one other clear and that forced the subsequent shifting (ORANGE PEARL onto URBAN MYTH and URBAN MYTH onto FRANCEE), ultimately resulting in FRANCEE being checked. This was confirmed by the side on film. The onus was on Ms Butler to ensure she was clear by the required distance.

Mr Harris for the Respondent, reiterated that on the head on film, there was always a gap between ORANGE PEARL and SULABELLA and stated that the required 2 Length Rule was often not met when horses shifted ground. He considered that Ms Myers, as an experienced Rider, had “made use ” of Ms Butler’s inexperience as an Apprentice.

Decision:

After reviewing the Race films and evaluating the evidence, the Adjudicative Committee found the charge proved to the requisite standard.

Reasons for Decision:

After reviewing the race films and evaluating the evidence, the Adjudicative Committee found the charge proved to the requisite standard, namely on the balance of probabilities.  This simply means it was more probable than not, that Ms Butler was in breach of the Careless Riding Rule.

The films clearly establish that Ms Butler shifted across from a position 5 wide to being 4 wide. While the movement was gradual, when shifting, Ms Butler was never her own length and one other clear of SULABELLA. As a result of Ms Butler’s shift inwards, Ms Myers riding SULABELLA, was forced inwards onto Mr Colgan’s mount URBAN MYTH, which subsequently was forced onto FRANCEE ridden by Mr Kennedy, which had to be checked. The responsibility was on Ms Butler to ensure she was sufficiently clear when shifting ground.

After considering all the evidence presented and viewing the films, the charge was found proved.

Submissions for Penalty:

Stipendiary Steward Mr Jones produced Ms Butler’s riding record. She had, in his view, a good record with only 2 careless riding charges in the past 12 months

26 August 2023, Manawatu – 4 day suspension

10 June 2023, Manawatu – 5 day suspension

Mr Jones stated that Ms Butler has had no careless riding charge in the past 6 months, which is a good record. She has had 221 rides in the past 12 months, which is relatively busy for an Apprentice.

The Stewards considered the breach to be at the low end, with a starting point of 5 days, however, noted that the consequences were mid range (starting point 7 days).

Reasons for Penalty:

After considering all the submissions, the Adjudicative Committee determined Ms Butler’s carelessness to be in the low range and adopted a 5 day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of February 2023).

In view of Ms Butler’s good record, the Adjudicative Committee took this as a mitigating factor and applied a 1 day reduction. Therefore, after consideration of all the circumstances, a 4-day suspension was imposed.

Ms Butler sought and was granted, a deferment for the commencement of the suspension until after racing on Saturday 11 May, to meet her outstanding riding commitments.

Conclusion:

Accordingly, Ms Butler’s Licence to ride in races is suspended for a period of 4 days, commencing on Sunday 12 May and concluding after racing on Saturday 18 May 2024 inclusive.