NZ Metro TC – 28 March 2008 – Race 9
ID: JCA22970
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 28 March 2008
Race Date:
2008/03/28
Race Number:
Race 9
Decision:
This matter was heard at the Addington Raceway on 11 April 2008, having been adjourned from 28 March 2008.
--Following the running of Race 9, the Coca-Cola Amatil (NZ) Ltd Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of “Eastwood Fire” (9), alleging a breach of Rule 869(3)(b) and the “Easing Down” Regulation
DECISION AND REASONS:
----
This matter was heard at the Addington Raceway on 11 April 2008, having been adjourned from 28 March 2008.
----
Following the running of Race 9, the Coca-Cola Amatil (NZ) Ltd Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of “Eastwood Fire” (9), alleging a breach of Rule 869(3)(b) and the “Easing Down” Regulation. The charge reads as follows.
----
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b)/Easing Down Reg in that Junior Horseman S. Smolenski (Eastwood Fire) drove carelessly with approx. 800m to run, when attempting to shift Mystic River (J. R. Dunn) down the track resulting in Eastwood Fire breaking losing all chance .”
----
Rule 869(3)(b) reads as follows.
----
“No horseman in any race shall drive carelessly.”
----
The “Easing Down” Regulation provides as follows.
----
“Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
----
Easing down applies during the final 1,000 metres, regardless of margin
--so long as it does not cause interference.
----
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving.”
----
Mr Smolenski was assisted at this hearing by Mr J. W. Smolenski, and he had
--indicated on the information that he did not admit this breach of the rules, and he confirmed this at the hearing. It was also agreed that they understood the Rule and the nature of the charge.
----
Stipendiary Steward Mr McIntyre gave evidence that with about 1000 metres to run Mr J. R. Dunn (“Mystic River”) was trailing Mr A. M. Butt (“Don’t Tell Porkies”). At this time Mr Smolenski (“Eastwood Fire”) moved up on the outside of “Mystic River” and then proceeded to attempt to move “Mystic River” inwards so that he could take the place of “Mystic River” in the trail behind “Don’t Tell Porkies”. This attempt continued for some distance, and only ended when “Eastwood Fire” broke and lost its chance.
----
Stipendiary Steward Mr Ydgren used video coverage of the incident to illustrate what had happened. He pointed out that at no stage did Mr Smolenski have the required “advantage” over “Mystic River”.
----
Mr S. Smolenski gave evidence that Mr Dunn was not hard up on Mr Butt’s back and that he had the right to move into the trail behind Mr Butt. It was also his evidence that all he was doing was holding his position, and that it was Mr Dunn who was at fault. Mr Smolenski denied that he was trying to push Mr Dunn down, rather it was Mr Dunn who was trying to push him out.
--Mr J. W. Smolenski expressed the opinion that the problem had been caused because Mr Dunn had lost his place behind “Don’t Tell Porkies” and had then tried to move Mr S. Smolenski out of that trail. It was his belief that Mr Dunn had breached the Rules, and not Mr S. Smolenski. Mr J. W. Smolenski also expressed the opinion that “Eastwood Fire” should not have broken in the circumstances.
----
After hearing the evidence we adjourned to consider our decision.
----
On returning to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.
----
“Having seen the video coverage, and having heard the evidence, we are satisfied that with about 1000 metres to run Mr J. R. Dunn was trailing Mr A. Butt on “Don’t Tell Porkies”. We find that Mr Dunn was well established in this position when Mr Smolenski moved up alongside him. Mr Smolenski never gained an advantage over Mr Dunn, but attempted to “ease” him down in order to take up a position behind “Don’t Tell Porkies. In making this manoeuvre Mr Smolenski caused his own horse to break losing its chance and we find the charge proved”.
----
Penalty:
----
Mr McIntyre advised that Mr Smolenski had a previous conviction for careless driving on 30 March 2008 when he had been fined $200-00. He also submitted that this was a $20,000-00 race on a Premier night, and that as a result of this breach of the Rules “Eastwood Fire” had lost its chance in the race. Mr McIntyre recommended a three day suspension.
----
Mr Smolenski said that he thought that the penalty recommended was harsh. The possibility of a heavy fine as an alternative to a suspension was raised with Mr Smolenski, but he said that he would prefer a suspension to a heavy fine.
----
We retired to consider the matter of penalty, and on our return to the Enquiry Room we gave the following oral decision on penalty.
----
“Having heard from both parties regarding penalty we are satisfied that the following matters are relevant.
----
- Firstly your previous conviction on 30 March 2008.
--- Secondly that this was a $20,000-00 race on a Premier night.
--- Finally that the incident cost “Eastwood Fire” its chance in the race.
----
Mr Smolenski was asked if a substantial fine was an alternative to a three
--day suspension recommended by the Stipendiary Stewards. He said he could not afford a large fine.
----
We are satisfied therefore that a three day suspension is appropriate in this case, and Mr Smolenski is suspended from after the completion of racing on 15 April 2008 until after the completion of racing on 24 April 2008, which is a three day suspension.”
----
--
--
--
___________
--J. M. Phelan
--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: d791d1d96c5d461fc70b7d6362518805
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/03/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 28 March 2008 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This matter was heard at the Addington Raceway on 11 April 2008, having been adjourned from 28 March 2008.
--Following the running of Race 9, the Coca-Cola Amatil (NZ) Ltd Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of “Eastwood Fire” (9), alleging a breach of Rule 869(3)(b) and the “Easing Down” Regulation
DECISION AND REASONS:
----
This matter was heard at the Addington Raceway on 11 April 2008, having been adjourned from 28 March 2008.
----
Following the running of Race 9, the Coca-Cola Amatil (NZ) Ltd Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of “Eastwood Fire” (9), alleging a breach of Rule 869(3)(b) and the “Easing Down” Regulation. The charge reads as follows.
----
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b)/Easing Down Reg in that Junior Horseman S. Smolenski (Eastwood Fire) drove carelessly with approx. 800m to run, when attempting to shift Mystic River (J. R. Dunn) down the track resulting in Eastwood Fire breaking losing all chance .”
----
Rule 869(3)(b) reads as follows.
----
“No horseman in any race shall drive carelessly.”
----
The “Easing Down” Regulation provides as follows.
----
“Subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
----
Easing down applies during the final 1,000 metres, regardless of margin
--so long as it does not cause interference.
----
Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving.”
----
Mr Smolenski was assisted at this hearing by Mr J. W. Smolenski, and he had
--indicated on the information that he did not admit this breach of the rules, and he confirmed this at the hearing. It was also agreed that they understood the Rule and the nature of the charge.
----
Stipendiary Steward Mr McIntyre gave evidence that with about 1000 metres to run Mr J. R. Dunn (“Mystic River”) was trailing Mr A. M. Butt (“Don’t Tell Porkies”). At this time Mr Smolenski (“Eastwood Fire”) moved up on the outside of “Mystic River” and then proceeded to attempt to move “Mystic River” inwards so that he could take the place of “Mystic River” in the trail behind “Don’t Tell Porkies”. This attempt continued for some distance, and only ended when “Eastwood Fire” broke and lost its chance.
----
Stipendiary Steward Mr Ydgren used video coverage of the incident to illustrate what had happened. He pointed out that at no stage did Mr Smolenski have the required “advantage” over “Mystic River”.
----
Mr S. Smolenski gave evidence that Mr Dunn was not hard up on Mr Butt’s back and that he had the right to move into the trail behind Mr Butt. It was also his evidence that all he was doing was holding his position, and that it was Mr Dunn who was at fault. Mr Smolenski denied that he was trying to push Mr Dunn down, rather it was Mr Dunn who was trying to push him out.
--Mr J. W. Smolenski expressed the opinion that the problem had been caused because Mr Dunn had lost his place behind “Don’t Tell Porkies” and had then tried to move Mr S. Smolenski out of that trail. It was his belief that Mr Dunn had breached the Rules, and not Mr S. Smolenski. Mr J. W. Smolenski also expressed the opinion that “Eastwood Fire” should not have broken in the circumstances.
----
After hearing the evidence we adjourned to consider our decision.
----
On returning to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.
----
“Having seen the video coverage, and having heard the evidence, we are satisfied that with about 1000 metres to run Mr J. R. Dunn was trailing Mr A. Butt on “Don’t Tell Porkies”. We find that Mr Dunn was well established in this position when Mr Smolenski moved up alongside him. Mr Smolenski never gained an advantage over Mr Dunn, but attempted to “ease” him down in order to take up a position behind “Don’t Tell Porkies. In making this manoeuvre Mr Smolenski caused his own horse to break losing its chance and we find the charge proved”.
----
Penalty:
----
Mr McIntyre advised that Mr Smolenski had a previous conviction for careless driving on 30 March 2008 when he had been fined $200-00. He also submitted that this was a $20,000-00 race on a Premier night, and that as a result of this breach of the Rules “Eastwood Fire” had lost its chance in the race. Mr McIntyre recommended a three day suspension.
----
Mr Smolenski said that he thought that the penalty recommended was harsh. The possibility of a heavy fine as an alternative to a suspension was raised with Mr Smolenski, but he said that he would prefer a suspension to a heavy fine.
----
We retired to consider the matter of penalty, and on our return to the Enquiry Room we gave the following oral decision on penalty.
----
“Having heard from both parties regarding penalty we are satisfied that the following matters are relevant.
----
- Firstly your previous conviction on 30 March 2008.
--- Secondly that this was a $20,000-00 race on a Premier night.
--- Finally that the incident cost “Eastwood Fire” its chance in the race.
----
Mr Smolenski was asked if a substantial fine was an alternative to a three
--day suspension recommended by the Stipendiary Stewards. He said he could not afford a large fine.
----
We are satisfied therefore that a three day suspension is appropriate in this case, and Mr Smolenski is suspended from after the completion of racing on 15 April 2008 until after the completion of racing on 24 April 2008, which is a three day suspension.”
----
--
--
--
___________
--J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b, 869.3
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 535fc2d661bca181e83873dcb5677b68
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 71dcc8cdaf6754cdbe2701cf4b0c1e19
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/03/2008
meet_title: NZ Metro TC - 28 March 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