Akaroa TC – 30 March 2008 – Race 4
ID: JCA22794
Hearing Type (Code):
harness-racing
Meet Title:
Akaroa TC - 30 March 2008
Race Date:
2008/03/30
Race Number:
Race 4
Decision: Following the running of Race 4, The Southern Trust Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr S F Smolenski, alleging a breach of Rule 869 (3) (b) in that Mr Smolenski, as the driver of STREETS ON FIRE in the Race, “drove carelessly
DECISION AND REASONS:
--Following the running of Race 4, The Southern Trust Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr S F Smolenski, alleging a breach of Rule 869 (3) (b) in that Mr Smolenski, as the driver of STREETS ON FIRE in the Race, “drove carelessly when driving his horse inwards making contact with ROCKET FUN (G A Payne) causing this horse to gallop”.
----
Mr Smolenski was present at the hearing of the information and indicated that he admitted the breach. Mr Smolenski, a Junior Driver, had sought advice from Mr M J Smolenski, Licensed Public Trainer, prior to electing to plead guilty to the charge. The charge was found proved accordingly.
----
Mr Escott relied upon the video evidence shown at the earlier protest hearing. He asked the Committee to take into account that Mr Smolenski was a Junior Driver and that he had admitted the breach. Mr Escott informed the Committee that Mr Smolenski had not breached the careless driving Rule within the past 12 months. Mr Escott recommended a fine of $200.
----
Mr Smolenski confirmed that he had seen the video replays of the incident. He said that he thought, at the time, that there was sufficient room but conceded that there was not. He said that he would take more care next time. It was an error of judgment on this occasion. Mr Smolenski declined the opportunity to take a term of suspension rather than a fine.
----
The Committee, in determining penalty, took into account the matters put forward by Mr Escott as well as Mr Smolenski’s submissions.
----
Mr Smolenski was fined the sum of $200.
----
R G McKenzie
--CHAIRMAN
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: fe93b3112e2b4b599e21a9d909004a63
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/03/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Akaroa TC - 30 March 2008 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 4, The Southern Trust Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr S F Smolenski, alleging a breach of Rule 869 (3) (b) in that Mr Smolenski, as the driver of STREETS ON FIRE in the Race, “drove carelesslyDECISION AND REASONS:
--Following the running of Race 4, The Southern Trust Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr S F Smolenski, alleging a breach of Rule 869 (3) (b) in that Mr Smolenski, as the driver of STREETS ON FIRE in the Race, “drove carelessly when driving his horse inwards making contact with ROCKET FUN (G A Payne) causing this horse to gallop”.
----
Mr Smolenski was present at the hearing of the information and indicated that he admitted the breach. Mr Smolenski, a Junior Driver, had sought advice from Mr M J Smolenski, Licensed Public Trainer, prior to electing to plead guilty to the charge. The charge was found proved accordingly.
----
Mr Escott relied upon the video evidence shown at the earlier protest hearing. He asked the Committee to take into account that Mr Smolenski was a Junior Driver and that he had admitted the breach. Mr Escott informed the Committee that Mr Smolenski had not breached the careless driving Rule within the past 12 months. Mr Escott recommended a fine of $200.
----
Mr Smolenski confirmed that he had seen the video replays of the incident. He said that he thought, at the time, that there was sufficient room but conceded that there was not. He said that he would take more care next time. It was an error of judgment on this occasion. Mr Smolenski declined the opportunity to take a term of suspension rather than a fine.
----
The Committee, in determining penalty, took into account the matters put forward by Mr Escott as well as Mr Smolenski’s submissions.
----
Mr Smolenski was fined the sum of $200.
----
R G McKenzie
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bc0329ac28c0e520a29c2d079f72b201
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: c81fb30575e580675101dfe70c395db4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2008
meet_title: Akaroa TC - 30 March 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Akaroa TC