Banks Peninsula TC 27 November 2011 – R 1
ID: JCA16469
Meet Title:
Banks Peninsula TC - 27 November 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/11/27
Race Number:
R1
Decision:
As Mr Smolenski admitted the breach, the charge was found proved.
Penalty:
Mr Smolenski’s Open Horseman’s Licence was suspended for a period commencing after the close of racing on 27 November 2011, up to and including Wednesday, 7 December 2011. This was effectively 3 days and encompassed the meetings at Addington on 2 December, Waimate on 4 December and Rangiora on 7 December.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 1, Nick’s Pet Foods Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr S F Smolenski, alleging a breach of Rule 869 (2) (a) in that, as the driver of DUDINKA’S BEAU in the race, he “used his whip in an excessive manner over the concluding stages of this event”.
Mr Smolenski was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr S W Wallis, Stipendiary Steward, showed a video replay of the final 400 metres of the race. He pointed out Mr Smolenski, driving DUDINKA’S BEAU, shortly after turning for home, commence using his whip. Mr Renault said that it was the Stewards’ allegation that Mr Smolenski used his whip on no less than 26-27 occasions in the run home, with no discernible pauses. Mr Smolenski had ceased use of the whip inside the final stages, but the “damage had been done”, Mr Renault submitted. His use of the whip was otherwise continuous.
Mr Smolenski admitted that the number of times he had used his whip was “over the twenty”. He said that he had “got carried away” and had commenced using his whip a bit early, but he had eased over the last 100 metres.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Smolenski had 115 drives in the 2010/2011 season and, in the current season to date, has had 39 drives. Mr Smolenski had received a $200 fine for excessive use of the whip at the Timaru Harness Racing Club meeting on 20 November last in very similar circumstances, he said. Mr Renault referred to the Penalty Guide and submitted that a suspension of 4 days was an appropriate penalty.
Mr Smolenski submitted that a 4-days’ suspension was a severe penalty. He advised that he anticipates having 5-6 drives per day over the “next few meetings”. When questioned by the Committee, he stated that he was not in a position to pay a fine in excess of $200.
Reasons for Penalty:
The Committee took, as a starting point in determining penalty in this case, the recommendation in the Penalty Guide – that is to say, a suspension for 10 drives. The Committee was able to discount that for Mr Smolenski’s admission of the breach, but it was of concern to the Committee that the present breach follows only 1 week after a breach of the same Rule at Timaru on 20 November. That was an aggravating factor. The Committee did not consider a fine in this case because Mr Smolenski told the Committee that he was not in a position to pay a fine.
Weighing up all of these factors, the Committee decided that a suspension for 3 days was the appropriate penalty in this case. The penalty needed to include a deterrent factor.
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: b86766e552d3464a769474c9cdb42fc9
informantnumber: A5469
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 23/11/2011
hearing_title: Banks Peninsula TC 27 November 2011 - R 1
charge:
Excessive use of the whip.
facts:
Following the running of Race 1, Nick’s Pet Foods Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr S F Smolenski, alleging a breach of Rule 869 (2) (a) in that, as the driver of DUDINKA’S BEAU in the race, he “used his whip in an excessive manner over the concluding stages of this event”.
Mr Smolenski was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr S W Wallis, Stipendiary Steward, showed a video replay of the final 400 metres of the race. He pointed out Mr Smolenski, driving DUDINKA’S BEAU, shortly after turning for home, commence using his whip. Mr Renault said that it was the Stewards’ allegation that Mr Smolenski used his whip on no less than 26-27 occasions in the run home, with no discernible pauses. Mr Smolenski had ceased use of the whip inside the final stages, but the “damage had been done”, Mr Renault submitted. His use of the whip was otherwise continuous.
Mr Smolenski admitted that the number of times he had used his whip was “over the twenty”. He said that he had “got carried away” and had commenced using his whip a bit early, but he had eased over the last 100 metres.
reasonsfordecision:
Decision:
As Mr Smolenski admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Smolenski had 115 drives in the 2010/2011 season and, in the current season to date, has had 39 drives. Mr Smolenski had received a $200 fine for excessive use of the whip at the Timaru Harness Racing Club meeting on 20 November last in very similar circumstances, he said. Mr Renault referred to the Penalty Guide and submitted that a suspension of 4 days was an appropriate penalty.
Mr Smolenski submitted that a 4-days’ suspension was a severe penalty. He advised that he anticipates having 5-6 drives per day over the “next few meetings”. When questioned by the Committee, he stated that he was not in a position to pay a fine in excess of $200.
reasonsforpenalty:
The Committee took, as a starting point in determining penalty in this case, the recommendation in the Penalty Guide – that is to say, a suspension for 10 drives. The Committee was able to discount that for Mr Smolenski’s admission of the breach, but it was of concern to the Committee that the present breach follows only 1 week after a breach of the same Rule at Timaru on 20 November. That was an aggravating factor. The Committee did not consider a fine in this case because Mr Smolenski told the Committee that he was not in a position to pay a fine.
Weighing up all of these factors, the Committee decided that a suspension for 3 days was the appropriate penalty in this case. The penalty needed to include a deterrent factor.
penalty:
Mr Smolenski’s Open Horseman’s Licence was suspended for a period commencing after the close of racing on 27 November 2011, up to and including Wednesday, 7 December 2011. This was effectively 3 days and encompassed the meetings at Addington on 2 December, Waimate on 4 December and Rangiora on 7 December.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr S F Smolenski - Licensed Open Driver
Otherperson: Mr S W Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 935852829e80d4546371ea877de611f9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3d1c5d11a2a005be352952ee959f01c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2011
meet_title: Banks Peninsula TC - 27 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC