Archive Decision

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Marlborough HRC 13 January 2013 – R 2

ID: JCA11518

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr A Shutkowski - Open Horseman

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A4955

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Marlborough HRC - 13 January 2013

Meet Chair:
PWilliams

Meet Committee Member 1:
KHales

Race Date:
2013/01/13

Race Number:
R2

Decision:

As Mr Shutkowski admitted the breach the charge was found proved.

Penalty:

Mr Shutkowski is fined $200.

Charge:

Excessive use of the whip.

Facts:

Following the running of race 2, Information A4955 was filed by Stipendiary Steward Mr N Ydgren under Rule 869(2)(a). The information stated “A Shutkowski (Red River Charlie) used his whip in a manner in which Stewards deem to be excessive over the final stages”. Mr Shutkowski signed the information admitting the breach and also stated on the Information that he did not wish to be present for the hearing.

Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.

Submissions for Decision:

Mr Ydgren used the head-on film to identify Mr Shutkowski running last on the running line as the horses entered the home straight for the run home. He said Mr Shutkowski used his whip approximately 23 times although a number of the strikes were on the sulky and not the horse. He confirmed the horse was not out of contention as he was close up behind the placed horses but did not finish in the first 6.

Submissions for Penalty:

Mr Ydgren said Mr Shutkowski was not a busy driver having had only 200 life time drives 17 of which were in the 2011/2012 season and 7 in the current season. He said he had not previously breached this Rule and submitted a fine of $200 was an appropriate penalty.

Reasons for Penalty:

The Committee has reviewed the film of the incident and notes that Mr Shutkowski did use his whip on 23 occasions in the home straight. Whilst many of the strikes were on the sulky shaft and not overly forceful 23 strikes is too many. The Committee notes this is Mr Shutkowski’s first breach of the Rule and that he admitted the breach at the earliest opportunity. The Committee has also reviewed recent penalties for similar breaches of this Rule and believes on this occasion a fine is an appropriate penalty.

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: 229368c423fad55445465b69a27763a6


informantnumber: A4955


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Marlborough HRC 13 January 2013 - R 2


charge:

Excessive use of the whip.


facts:

Following the running of race 2, Information A4955 was filed by Stipendiary Steward Mr N Ydgren under Rule 869(2)(a). The information stated “A Shutkowski (Red River Charlie) used his whip in a manner in which Stewards deem to be excessive over the final stages”. Mr Shutkowski signed the information admitting the breach and also stated on the Information that he did not wish to be present for the hearing.

Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren used the head-on film to identify Mr Shutkowski running last on the running line as the horses entered the home straight for the run home. He said Mr Shutkowski used his whip approximately 23 times although a number of the strikes were on the sulky and not the horse. He confirmed the horse was not out of contention as he was close up behind the placed horses but did not finish in the first 6.


reasonsfordecision:


Decision:

As Mr Shutkowski admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said Mr Shutkowski was not a busy driver having had only 200 life time drives 17 of which were in the 2011/2012 season and 7 in the current season. He said he had not previously breached this Rule and submitted a fine of $200 was an appropriate penalty.


reasonsforpenalty:

The Committee has reviewed the film of the incident and notes that Mr Shutkowski did use his whip on 23 occasions in the home straight. Whilst many of the strikes were on the sulky shaft and not overly forceful 23 strikes is too many. The Committee notes this is Mr Shutkowski’s first breach of the Rule and that he admitted the breach at the earliest opportunity. The Committee has also reviewed recent penalties for similar breaches of this Rule and believes on this occasion a fine is an appropriate penalty.


penalty:

Mr Shutkowski is fined $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Mr A Shutkowski - Open Horseman


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5a669a73d370c05d0e876d8a96b2701e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 46213cf5516a66f18fc31cd007bee62c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/01/2013


meet_title: Marlborough HRC - 13 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: KHales


meet_pm2: none


name: Marlborough HRC