Manukau TC 19 January 2012 – R 5
ID: JCA11345
Meet Title:
Manukau TC - 19 January 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/01/19
Race Number:
R 5
Decision:
The breach is admitted and is therefore proved.
Penalty:
In consideration of the above matters we impose a fine of $300.
Charge:
The information alleged that “Horseman V Kushtal drove Royal Tiger carelessly causing interference to Gods Girl (B Haagensen) with approximately 200m to run”.
Admitted and information endorsed I do not wish to be present at the hearing of the information.
Facts:
Mr J Muirhead told the Judicial Control Authority Committee (the ‘Committee’) that with approximately 200 metres to run, Royal Tiger driven by Mr V Kushtal (Amateur Horseman representing Ukraine) has allowed his drive to shift inwards on top of Gods Girl, driven by Mr B Haagensen (Amateur Horseman representing Denmark). Mr Muirhead said that as a result Gods Girl broke and effectively lost all chance of finishing the race in a better position.
Mr Muirhead demonstrated the incident by way of all available video footage. This clearly identified the interference and the resultant impact of that interference to Gods Girl. Mr Muirhead said that Mr Kushtal had no pressure on his outside and continued to drive in on and crowd God Girl. He said that Mr Kushtal should have taken steps to straighten his drive.
Submissions for Penalty:
Mr Muirhead submitted to the committee that this was a blatant breach of the rule and that Mr Kushtal's actions resulted in the relegation of his drive, albeit from 9th place to 11th place. He submitted that Mr Kushtal should be given credit for his early admission of the breach and that the committee ought to consider a fine within the $250 to $400 range.
Mr Kushtal did not appear at the hearing and made no submissions as to the gravity of the breach or penalty quantum.
Reasons for Penalty:
In assessing penalty the committee considered the submissions of the Informant and weighed those against the Penalty Guide for Committees as well as recent fines handed down for similar breaches of this particular rule.
Although the breach resulted in interference to another horse and also the relegation of Mr Kushtal’s drive from 9th to 11th placing, we note that the relegation had no impact on dividends or stakes payable to placegetters. On that basis we have not placed too much weight on the relegation itself.
We independently assessed the severity of the breach as being above mid-range.
The committee has given Mr Kushtal credit for his early admission of the breach and the fact that this was his first drive in New Zealand. We have no information as to his driving record and treat this breach as his first in New Zealand. We also note that Mr Kushtal is an Amateur Horseman and therefore he receives no financial reward or earnings for driving in races.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1d7520a49cc6eb7210d59d6a791386be
informantnumber: 69178
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Manukau TC 19 January 2012 - R 5
charge:
The information alleged that “Horseman V Kushtal drove Royal Tiger carelessly causing interference to Gods Girl (B Haagensen) with approximately 200m to run”.
Admitted and information endorsed I do not wish to be present at the hearing of the information.
facts:
Mr J Muirhead told the Judicial Control Authority Committee (the ‘Committee’) that with approximately 200 metres to run, Royal Tiger driven by Mr V Kushtal (Amateur Horseman representing Ukraine) has allowed his drive to shift inwards on top of Gods Girl, driven by Mr B Haagensen (Amateur Horseman representing Denmark). Mr Muirhead said that as a result Gods Girl broke and effectively lost all chance of finishing the race in a better position.
Mr Muirhead demonstrated the incident by way of all available video footage. This clearly identified the interference and the resultant impact of that interference to Gods Girl. Mr Muirhead said that Mr Kushtal had no pressure on his outside and continued to drive in on and crowd God Girl. He said that Mr Kushtal should have taken steps to straighten his drive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted to the committee that this was a blatant breach of the rule and that Mr Kushtal's actions resulted in the relegation of his drive, albeit from 9th place to 11th place. He submitted that Mr Kushtal should be given credit for his early admission of the breach and that the committee ought to consider a fine within the $250 to $400 range.
Mr Kushtal did not appear at the hearing and made no submissions as to the gravity of the breach or penalty quantum.
reasonsforpenalty:
In assessing penalty the committee considered the submissions of the Informant and weighed those against the Penalty Guide for Committees as well as recent fines handed down for similar breaches of this particular rule.
Although the breach resulted in interference to another horse and also the relegation of Mr Kushtal’s drive from 9th to 11th placing, we note that the relegation had no impact on dividends or stakes payable to placegetters. On that basis we have not placed too much weight on the relegation itself.
We independently assessed the severity of the breach as being above mid-range.
The committee has given Mr Kushtal credit for his early admission of the breach and the fact that this was his first drive in New Zealand. We have no information as to his driving record and treat this breach as his first in New Zealand. We also note that Mr Kushtal is an Amateur Horseman and therefore he receives no financial reward or earnings for driving in races.
penalty:
In consideration of the above matters we impose a fine of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: V Kushtal - Amateur Horseman representing the Ukraine
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 69d5772a9614e073300bceb6897975fb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8dec11fd390e7933757180961f04748e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/01/2012
meet_title: Manukau TC - 19 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Manukau TC