Nelson HRC – 14 June 2010 – R 6
ID: JCA22198
Hearing Type (Code):
harness-racing
Meet Title:
Nelson HRC - 14 June 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/06/14
Race Number:
R 6
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Ms K Williams Stipendiary Steward
--Defendant: Mr A Shutkowski
--Information No: 68068
--Meeting: Nelson Harness Racing Club
--Date: 13 June 2010
--Venue: Nelson
--Race: 6
--Rule No: 857(7)(g)
--Judicial Committee: Paul Williams, Chairman – John Phelan, Committee Member
--Plea: Admitted
----
CHARGES:
--Following the running of race 6, information 68068 was filed by Stipendiary Steward Ms K Williams against Mr A Shutkowski alleging a breach of rule 857(7)(g). The information stated that “driver A Shutkowski failed to bring BROKEBACK up into or maintain his position on the mobile gate when drawing 9”.
----
Rule 857(7)(g) states “No horseman shall fail to come up into and/or maintain his position”
----
Mr Shutkowski indicated the breach of the rule was admitted and also that he understood the charge and the rule it was laid under.
----
FACTS:
--Ms Williams played the film of the lead up to and start of the race and pointed out Mr Shutkowski who had drawn 9 (the outside) of the front row. She said that at no time had Mr Shutkowski made an effort to keep up with the mobile and the film clearly showed that prior to the start of the race he was no further forward than the second line. She said that in drawing the outside of the front row he was the lead horse onto the gate when the mobile started to roll but at no time had he been up with the mobile arm. She further said the film showed that, from the position of Mr Shutkowski’s arms, he was deliberately holding the horse back. She said the offence was one of strict liability said Mr Shutkowski’s actions could be construed as an attempt to gain an advantage over other horses in the race.
----
Mr Shutkowski said that his horse had limited ability and lacked the motivation and speed to keep up with the gate. He said it had not raced very well on the first day of the meeting and he was trying to ensure that it would race more positively today. He also said that the horse drawn inside him on the front row was banging on the gate and he thought that if he took his horse right up to the gate the noise might cause it to break.
----
SUBMISSIONS ON PENALTY:
--Ms Williams said the Mr Shutkowski had no previous breaches of this rule and submitted that a fine of $200 was appropriate.
----
Mr Shutkowski was invited to make his submissions on penalty. He said he thought the $200 submitted by the stipendiary steward was fair.
----
REASONS:
--In coming to a decision on penalty the Committee has considered the film of the lead up to and the start of the race, Mr Shutkowski’s admission of the breach and his excellent record in relation to this rule. We have noted that at no time in the run up to the start of the race did Mr Shutkowski attempt to get his horse up to the outside position on the front and that the offence is one of strict liability. We have also noted the penalties that have been imposed in recent times for breaches of this rule.
----
PENALTY:
--The Committee has decided a fine is appropriate in this case and Mr Shutkowski is fined the sum of $200.
----
--
Paul Williams John Phelan
--Chair Committee Member
--68068
----
--
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: d6685c4f99ed18de0d5dd64409bb1d8b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 14/06/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Nelson HRC - 14 June 2010 - R 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Ms K Williams Stipendiary Steward
--Defendant: Mr A Shutkowski
--Information No: 68068
--Meeting: Nelson Harness Racing Club
--Date: 13 June 2010
--Venue: Nelson
--Race: 6
--Rule No: 857(7)(g)
--Judicial Committee: Paul Williams, Chairman – John Phelan, Committee Member
--Plea: Admitted
----
CHARGES:
--Following the running of race 6, information 68068 was filed by Stipendiary Steward Ms K Williams against Mr A Shutkowski alleging a breach of rule 857(7)(g). The information stated that “driver A Shutkowski failed to bring BROKEBACK up into or maintain his position on the mobile gate when drawing 9”.
----
Rule 857(7)(g) states “No horseman shall fail to come up into and/or maintain his position”
----
Mr Shutkowski indicated the breach of the rule was admitted and also that he understood the charge and the rule it was laid under.
----
FACTS:
--Ms Williams played the film of the lead up to and start of the race and pointed out Mr Shutkowski who had drawn 9 (the outside) of the front row. She said that at no time had Mr Shutkowski made an effort to keep up with the mobile and the film clearly showed that prior to the start of the race he was no further forward than the second line. She said that in drawing the outside of the front row he was the lead horse onto the gate when the mobile started to roll but at no time had he been up with the mobile arm. She further said the film showed that, from the position of Mr Shutkowski’s arms, he was deliberately holding the horse back. She said the offence was one of strict liability said Mr Shutkowski’s actions could be construed as an attempt to gain an advantage over other horses in the race.
----
Mr Shutkowski said that his horse had limited ability and lacked the motivation and speed to keep up with the gate. He said it had not raced very well on the first day of the meeting and he was trying to ensure that it would race more positively today. He also said that the horse drawn inside him on the front row was banging on the gate and he thought that if he took his horse right up to the gate the noise might cause it to break.
----
SUBMISSIONS ON PENALTY:
--Ms Williams said the Mr Shutkowski had no previous breaches of this rule and submitted that a fine of $200 was appropriate.
----
Mr Shutkowski was invited to make his submissions on penalty. He said he thought the $200 submitted by the stipendiary steward was fair.
----
REASONS:
--In coming to a decision on penalty the Committee has considered the film of the lead up to and the start of the race, Mr Shutkowski’s admission of the breach and his excellent record in relation to this rule. We have noted that at no time in the run up to the start of the race did Mr Shutkowski attempt to get his horse up to the outside position on the front and that the offence is one of strict liability. We have also noted the penalties that have been imposed in recent times for breaches of this rule.
----
PENALTY:
--The Committee has decided a fine is appropriate in this case and Mr Shutkowski is fined the sum of $200.
----
--
Paul Williams John Phelan
--Chair Committee Member
--68068
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 857(7)(g)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 05e5fa4c07eed62edd673ea2e44bc274
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f2adb55a66b1b8b4358fe8e848ffa9bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/06/2010
meet_title: Nelson HRC - 14 June 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Nelson HRC