Manawatu HRC 26 March 2015 – R 9
ID: JCA16541
Meet Title:
Manawatu HRC - 26 March 2015
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2015/03/26
Race Number:
R9
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Mr Shutkowski is fined $200.
Facts:
Following the running of Race 9 (SEE YOU SUNDAY 1ST RACE 12.20 MOBILE PACE 2500m), Information A2339 alleging a breach of Rule 869(3)(b) was filed with the judicial committee. It alleged that "Horseman A Shutkowski drove C A PENNY carelessly causing interference to CUFFS MCRAE (T Mitchell) with approx 200m to run".
The rule was read and Mr Shutkowski confirmed he understood the rule and that he admitted the breach. Using the head-on film, Mr Muirhead identified C A PENNY in a position three back. He pointed out that the field had run off the running line as they rounded the home bend and that Mr Mitchell (CUFFS MCRAE) had moved up on Mr Shutkowski's inside, and into a gap that had been presented. Mr Shutkowski had then moved inwards and as a result his wheel was slightly forward to the point that when he moved inwards his wheel made contact with CUFFS MCRAE's hind leg which meant Mr Mitchell's horse broke and lost its chances. The concurrent view of the back straight film identified that CUFFS MCRAE was up near C A PENNY's neck when the latter horse moved inwards.
Mr Shutkowski pointed out that Mr Mitchell ran inside a couple of markers whilst rounding the home turn. Mr Muirhead agreed with such an observation, but indicated that the rules allowed for a horse to go inside the markers for no more than 30 metres and that Mr Mitchell had brushed two pylons, so the distance he travelled inside the markers would have been approximately 10 metres. When Mr Mitchell went to improve into the gap that had been presented, he was established into that gap before Mr Shutkowski moved inwards.
Submissions for Penalty:
In his submission on penalty, Mr Muirhead identified that Mr Shutkowski had never appeared before the JCA previously. He stated that previous breaches of this nature had been dealt with by a fine in the region of $250. He submitted this as appropriate on this occasion.
Mr Shutkowski submitted that he had had limited drives over the previous three years and that he was comfortable with a $250 fine.
Reasons for Penalty:
The committee considered all the submissions placed before it and noted the JCA Penalty Guidelines starting point of an eight drive suspension or a $400 fine. It was clear that Mr Shutkowski's carelessness had an impact on CUFFS MCRAE as the field approached the final run home. In mitigation the committee noted Mr Shutkowski's early admission of the breach and his excellent record; having not appeared before the JCA previously. Accordingly, the committee determined that a discount from the $400 starting point was appropriate.
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: c2d8ac49089396cfad99b62f8bbf1f1a
informantnumber: A2339
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 20/03/2015
hearing_title: Manawatu HRC 26 March 2015 - R 9
charge:
facts:
Following the running of Race 9 (SEE YOU SUNDAY 1ST RACE 12.20 MOBILE PACE 2500m), Information A2339 alleging a breach of Rule 869(3)(b) was filed with the judicial committee. It alleged that "Horseman A Shutkowski drove C A PENNY carelessly causing interference to CUFFS MCRAE (T Mitchell) with approx 200m to run".
The rule was read and Mr Shutkowski confirmed he understood the rule and that he admitted the breach. Using the head-on film, Mr Muirhead identified C A PENNY in a position three back. He pointed out that the field had run off the running line as they rounded the home bend and that Mr Mitchell (CUFFS MCRAE) had moved up on Mr Shutkowski's inside, and into a gap that had been presented. Mr Shutkowski had then moved inwards and as a result his wheel was slightly forward to the point that when he moved inwards his wheel made contact with CUFFS MCRAE's hind leg which meant Mr Mitchell's horse broke and lost its chances. The concurrent view of the back straight film identified that CUFFS MCRAE was up near C A PENNY's neck when the latter horse moved inwards.
Mr Shutkowski pointed out that Mr Mitchell ran inside a couple of markers whilst rounding the home turn. Mr Muirhead agreed with such an observation, but indicated that the rules allowed for a horse to go inside the markers for no more than 30 metres and that Mr Mitchell had brushed two pylons, so the distance he travelled inside the markers would have been approximately 10 metres. When Mr Mitchell went to improve into the gap that had been presented, he was established into that gap before Mr Shutkowski moved inwards.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
In his submission on penalty, Mr Muirhead identified that Mr Shutkowski had never appeared before the JCA previously. He stated that previous breaches of this nature had been dealt with by a fine in the region of $250. He submitted this as appropriate on this occasion.
Mr Shutkowski submitted that he had had limited drives over the previous three years and that he was comfortable with a $250 fine.
reasonsforpenalty:
The committee considered all the submissions placed before it and noted the JCA Penalty Guidelines starting point of an eight drive suspension or a $400 fine. It was clear that Mr Shutkowski's carelessness had an impact on CUFFS MCRAE as the field approached the final run home. In mitigation the committee noted Mr Shutkowski's early admission of the breach and his excellent record; having not appeared before the JCA previously. Accordingly, the committee determined that a discount from the $400 starting point was appropriate.
penalty:
Mr Shutkowski is fined $200.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J Muirhead (Stipendiary Steward)
JockeysandTrainer: Mr A Shutkowski - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: aeca027d5c853c41aeb3a41bceadf9bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e4245982f9130c21e49c4ef16bb352c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/03/2015
meet_title: Manawatu HRC - 26 March 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: TCastles
meet_pm2: none
name: Manawatu HRC