Ashburton TC 27 October 2014 – R 8 (heard 14 November 2014 at Addington)

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startdate: 27/10/2014

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hearing_title: Ashburton TC 27 October 2014 - R 8 (heard 14 November 2014 at Addington)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: N G McIntyre, Co-Chief Stipendiary Steward

Respondent: S F Smolenski, Licensed Open Horseman

Information No: A6240

Meeting: Ashburton Trotting Club

Date: 27 October 2014 (heard 14 November 2014 at Addington)

Venue: Ashburton Raceway, Ashburton

Race: 8

Rule No: 869 (2) (a)

Judicial Committee: R G McKenzie, Chairman – S C Ching, Panelist

FACTS:

Following the running of Race 8, The Pres Ashburton Trotters Flying Mile, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr S F Smolenski, alleging that Mr Smolenski, as the driver of ROYAL ASPIRATIONS in the race, “used his whip excessively in the run home”.

The information was filed on the raceday and the hearing was adjourned as Mr Smolenski had left the course. The information was served on Mr Smolenski at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway, Christchurch, on 14th November and was heard on that day.

Mr Smolenski had signed the Statement by the Respondent on the information form indicating that he admitted the charge. Mr McIntyre confirmed to the Committee that Mr Smolenski did not wish to be present at the hearing.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner.

SUBMISSION(S):

Mr McIntyre showed a video replay of the final 300-400 metres of the race. He pointed out ROYAL ASPIRATIONS, driven by Mr Smolenski, racing towards the rear of the field as the field entered the home straight. He commenced using the whip with his hand on the rein and then, shortly after, changed to “a freehand motion” and Stewards estimated that, from that point, Mr Smolenski used his whip on 21 occasions which the Stewards deemed was excessive. The strikes were forward of the shoulder, Mr McIntyre said. There were a couple of brief pauses during which Mr Smolenski shook the reins at the horse but the number of strikes was too many, he submitted.

DECISION:

Mr Smolenski having admitted the charge, the charge was found proved.

PENALTY SUBMISSIONS:

Mr McIntyre informed the Committee that Mr Smolenski had 66 drives in the 2013/2014 season and, up to the date of this meeting, had had 14 or 15 drives in the current season. He had a clear record under the Rule.

The Committee asked Mr McIntyre to comment on the force of the strikes used by Mr Smolenski. Mr McIntyre replied that the look in the initial stages of the run home was “only fair”.

PENALTY REASONS:

In determining penalty, the Committee had regard to the Penalty Guide, which provides a starting point for a breach of the Rule of 6 drives or a fine of $300. Taking that starting point of a $300 fine (a fine being the appropriate penalty) the Committee was able to give Mr Smolenski a discount of $50 for his good record and a further discount of $50 for his admission of the breach. There were no other mitigating factors. The Committee regarded as aggravating factors, firstly, the perceived force of some of the strikes and, secondly, that the Committee was aware that the race was one of Group 3 status for a stake of $30,000. Those factors warranted an uplift of $50 from the $200 arrived at after the discount for the mitigating factors referred to.

PENALTY:

Mr Smolenski was fined the sum of $250.00.

R G McKenzie           S C Ching

CHAIRMAN               PANELIST

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hearing_type: Old Hearing

Rules: 869(2)(a)

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