Methven TC – 9 September 2007 – Race 8
ID: JCA23132
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 9 September 2007
Race Date:
2007/09/09
Race Number:
Race 8
Decision:
Following the running of race number 8 an information was lodged by Stipendiary Stewards under Rule 869 (2) (a) alleging that Mr Smolenski, the driver of Eastwood Fire used the whip excessively in the run home.
--
DECISION & REASON
--Following the running of race number 8 an information was lodged by Stipendiary Stewards under Rule 869 (2) (a) alleging that Mr Smolenski, the driver of Eastwood Fire used the whip excessively in the run home.
----At the outset of the hearing Mr Smolenski acknowledged that he understood the charge and confirmed his written acknowledgement of the breach. Mr Smolenski, in a response to a question from the Chairman, indicated that although he was a junior driver he did not wish any assistance at the hearing.
--The breach is accordingly found proven.
--Ms Williams showed the incident with use of the video evidence and asked the Committee to note that in her estimate Mr Smolenski hit his horse Eastwood Fire on at least 32 occasions in a continuous manner in the run home.
----Mr Smolenski accepted the number of hits referred to by Ms Williams and that the they were continuous.
----In respect of penalty Ms Williams admitted that credit should be given to Mr Smolenski and his early guilty plea and the fact that he had no similar breaches over the last 12 moths, however, she indicated that although Mr Smolenski was a junior driver he had a significant number of drives and should be treated as to penalty as a senior horseman.
----Mr Smolenski, for his part, submitted that a warning only could be placed on his record rather than a monetary fine being imposed, however, if a monetary fine was to be imposed that it be at the lowest possible level.
--
The Committee, after taking into account the submissions of both parties, does not accept that a warning only should be the outcome of this breach of the rules and that a monetary penalty was appropriate given the number of hits with the whip and the continuous nature thereof. The Committee imposes a fine of $200.00.
--
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--B Coombes
--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: f460277e9d2bf3ad838e2a33e3b56445
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/09/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC - 9 September 2007 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race number 8 an information was lodged by Stipendiary Stewards under Rule 869 (2) (a) alleging that Mr Smolenski, the driver of Eastwood Fire used the whip excessively in the run home.
--
DECISION & REASON
--Following the running of race number 8 an information was lodged by Stipendiary Stewards under Rule 869 (2) (a) alleging that Mr Smolenski, the driver of Eastwood Fire used the whip excessively in the run home.
----At the outset of the hearing Mr Smolenski acknowledged that he understood the charge and confirmed his written acknowledgement of the breach. Mr Smolenski, in a response to a question from the Chairman, indicated that although he was a junior driver he did not wish any assistance at the hearing.
--The breach is accordingly found proven.
--Ms Williams showed the incident with use of the video evidence and asked the Committee to note that in her estimate Mr Smolenski hit his horse Eastwood Fire on at least 32 occasions in a continuous manner in the run home.
----Mr Smolenski accepted the number of hits referred to by Ms Williams and that the they were continuous.
----In respect of penalty Ms Williams admitted that credit should be given to Mr Smolenski and his early guilty plea and the fact that he had no similar breaches over the last 12 moths, however, she indicated that although Mr Smolenski was a junior driver he had a significant number of drives and should be treated as to penalty as a senior horseman.
----Mr Smolenski, for his part, submitted that a warning only could be placed on his record rather than a monetary fine being imposed, however, if a monetary fine was to be imposed that it be at the lowest possible level.
--
The Committee, after taking into account the submissions of both parties, does not accept that a warning only should be the outcome of this breach of the rules and that a monetary penalty was appropriate given the number of hits with the whip and the continuous nature thereof. The Committee imposes a fine of $200.00.
--
----------
--B Coombes
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a8cac00a469307300279c97d96a88b2a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 189fa699d1eb94cac3c5cc7b7870e598
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/09/2007
meet_title: Methven TC - 9 September 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Methven TC