Timaru HRC 20 November 2011 – R 9
ID: JCA14747
Meet Title:
Timaru HRC - 20 November 2011
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/20
Race Number:
R 9
Decision:
As Mr Smolenski had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly Mr Smolenski was fined the sum of $200-00.
Charge:
Alleged breach of Rule 869(2)(a) - excessive use of the whip
Facts:
Following the running of Race 9, the Lion Beverages Mobile Pace, an Information was filed by Stipendiary Steward Mr SP Renault against Open Horseman Mr SF Smolenski, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner over the concluding stages of this event while driving “Arvee Bromac” .
Rule 869(2)(a) reads as follows.
“(2)No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Submissions for Decision:
Mr Smolenski had indicated on the Information that the breach was admitted and that he understood the Rule that he was being charged with.
Mr Renault gave evidence and used video coverage to show that Mr Smolenski used his whip 21 times with no discernable pauses over the concluding stages of the race. Mr Renault also stated that the strikes were mostly to the dust sheet but that the rule applies whether striking the horse, harness or sulky.
Mr Smolenski did not dispute the number of strikes being 21 as alleged by Mr Renault but stated that the horse was lazy and would only run on fairly without encouragement with the whip. This he admitted was not an excuse for excessive use of the whip.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Smolenski had no relevant previous breaches of this Rule, and had been frank in his admission of this breach. He submitted that Mr Smolenski’s record showed total lifetime drives of 1524 with 33 of those during the current season. The JCA Guidelines propose a starting point of 6 drives or $300 fine for a breach of this rule with Mr Renault submitting that a fine of $200 to $250-00 should be imposed in this case.
Reasons for Penalty:
We were satisfied, after taking into consideration Mr Smolenski’s frank admission of the breach, his clear penalty record in and penalties imposed for similar breaches of this Rule, that a fine of $200-00 was an appropriate penalty in this case.
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: 770702af3e25dbef2573d2879fa99682
informantnumber: Mr SP Renault - Stipendiary Steward
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/11/2011
hearing_title: Timaru HRC 20 November 2011 - R 9
charge:
Alleged breach of Rule 869(2)(a) - excessive use of the whip
facts:
Following the running of Race 9, the Lion Beverages Mobile Pace, an Information was filed by Stipendiary Steward Mr SP Renault against Open Horseman Mr SF Smolenski, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner over the concluding stages of this event while driving “Arvee Bromac” .
Rule 869(2)(a) reads as follows.
“(2)No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Smolenski had indicated on the Information that the breach was admitted and that he understood the Rule that he was being charged with.
Mr Renault gave evidence and used video coverage to show that Mr Smolenski used his whip 21 times with no discernable pauses over the concluding stages of the race. Mr Renault also stated that the strikes were mostly to the dust sheet but that the rule applies whether striking the horse, harness or sulky.
Mr Smolenski did not dispute the number of strikes being 21 as alleged by Mr Renault but stated that the horse was lazy and would only run on fairly without encouragement with the whip. This he admitted was not an excuse for excessive use of the whip.
reasonsfordecision:
Decision:
As Mr Smolenski had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Smolenski had no relevant previous breaches of this Rule, and had been frank in his admission of this breach. He submitted that Mr Smolenski’s record showed total lifetime drives of 1524 with 33 of those during the current season. The JCA Guidelines propose a starting point of 6 drives or $300 fine for a breach of this rule with Mr Renault submitting that a fine of $200 to $250-00 should be imposed in this case.
reasonsforpenalty:
We were satisfied, after taking into consideration Mr Smolenski’s frank admission of the breach, his clear penalty record in and penalties imposed for similar breaches of this Rule, that a fine of $200-00 was an appropriate penalty in this case.
penalty:
Accordingly Mr Smolenski was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer: Mr SF Smolenski - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2ee97461ec5fb6193ad63ada8a4d7e4f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3cea86d0b9ded2b51c32d5bd4989365c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/11/2011
meet_title: Timaru HRC - 20 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC