Nelson HRC - 14 June 2010 - R 6

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