NZ Metro TC – 31 October 2008 – Race 4

hearingid: 2878c2b87c0fa1202d74566e09d964c8

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 31/10/2008

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 31 October 2008 - Race 4

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

DECISION AND REASONS:

Following the running of Race 4,  The French Bakery Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski the driver of “The Cumberland” (11) alleging a breach of the “push out” rule.   The charge reads as follows.

“I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869 (6)(b) & (c) in that horseman S. Smolenski  (The Cumberland) forced Fine Society (S. McNally)to race  wider on the track with Approx. 1200m to run.”

Rule 869(6)(b) and (c) relating to the “push out” rule reads as follows.

“(6) Subject to sub-rule (4) hereof:-

(a) ….

(b) a horse making a forward movement during any race shall not be forced to race wider on the track;

(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”

Mr Smolenski was assisted at this hearing by Mr M. J. Smolenski.  He had

indicated on the Information that he did not admit this breach of the Rules and he confirmed this at the hearing.  Also present at the hearing was Mr S. R. McNally the driver of “Fine Society”.

Mr McNally gave evidence that he had made a move from the rear of the

field and that at about the 1200 metre mark he was three wide and was about to pass Mr Smolenski who was driving “The Cumberland”.  When he was moving past Mr Smolenski he said he was pushed four wide.

Stipendiary Steward Mr S. Renault illustrated this incident from video coverage taken from side on and head on.

Mr Smolenski gave evidence that he had looked around twice before this incident, and that he believed he had made his move before Mr McNally had started to pass him.  Mr M. Smolenski supported this evidence.

I asked Mr McNally if he was sure that the nose of his horse was in line with or past the sulky wheel of Mr Smolenski’s horse when this incident took pl,ace.  He said he was sure, and had he not been he would have dropped in behind Mr Smolenski.

After hearing the evidence I adjourned to consider my decision.   I was satisfied from the video coverage and the evidence of Mr McNally that there had been a breach of the push out rule.  On returning to the Enquiry Room I advised the parties that a full written decision would be given later, and I gave the following oral decision.

“Having heard the evidence, and having seen the video coverage, I am satisfied that with about 1200 metres to run “Fine Society” driven by Mr McNally was making a forward move from the rear.  Mr McNally gave evidence that when passing “The Cumberland”, driven by Mr Smolenski, he was forced to race four wide on the track. 

The Stipendiary Stewards allege that Mr Smolenski was in breach of the “push out” rule.  In his defence Mr Smolenski said he moved out before the nose of “Fine Society” was in line with or past the sulky wheel of “The Cumberland”

I am satisfied that the video coverage shows that there was a breach of the “push out” rule.  This was confirmed to me by Mr McNally’s clear evidence.  I find the charge proved.”

Penalty:

Mr McIntyre advised that Mr Smolenski had no relevant convictions in the last 12 months.  He said a fine of between $200-00 and $250-00 would be appropriate in this case.  As Mr Smolenski was a Junior Horseman he recommended a fine of $200-00.

Mr Smolenski said that he thought that the fine recommended was “harsh”.

Taking into account the submissions from both parties I was satisfied that a fine of $200-00 was appropriate in this case, and Mr Smolenski was fined this amount.

________________

J. M. Phelan

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.6.b

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 3a9eef762e8187d86f642f117f3e19a5

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 4

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 9a5e7fd58252204f3e09ac9f3ea29a95

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 31/10/2008

meet_title: NZ Metro TC - 31 October 2008

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair:

meet_pm1:

meet_pm2:

name: NZ Metro TC