Banks Peninsula TC 29 December 2010 – R 9
ID: JCA14839
Meet Title:
Banks Peninsula TC - 29 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2010/12/29
Race Number:
R 9
Decision:
The charge was found proved.
Penalty:
Mr Smolenski’s Open Driver’s licence was suspended for a period commencing after the close of racing on 29 December 2010 up to and including Sunday, 9 January 2011- effectively 3 days. The three meetings intended to be encompassed by that period are Amberley TC on 3 January 2011 and Nelson HRC on 7 and 9 January 2011.
In calculating the number of days, the Committee did not include the meeting on 31 December for the reasons set out above.
Charge:
Following the running of Race 9, Mustad New Zealand 3YO+ Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr S F Smolenski, alleging a breach of Rule 869 (4) in that Mr Smolenski, as the driver of SEA STORM in the race, “drove in a manner causing interference to INTERCEPTOR and MISS DORIE when shifting his drive wider on the track with approximately 900 metres to run”.
Facts:
Mr Smolenski was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr Escott sought leave to rely on the evidence presented at the earlier protest decision. Mr Smolenski did not wish to make any further submissions.
Reasons for Decision:
The Committee had found in the context of the earlier protest that Mr Smolenski had caused interference as alleged. It was also noted that Mr Smolenski had admitted the breach.
Submissions for Penalty:
Mr Escott informed the Committee that Mr Smolenski has had 60 raceday drives in the current season. In the 2009/2001 season, he had 155 drives and in the 2008/2009 season 163 drives. He had a clear record as far as breaches of the Rule were concerned. Mr Escott submitted that the Committee should take into account Mr Smolenski’s admission of the breach. Mr Escott submitted that a fine of $350 would be appropriate.
Mr Smolenski asked the Committee to consider a suspension instead of a fine. He told the Committee he was not engaged for any drives at Rangiora HRC on 31 December, for which the time for notification of drivers had closed. Mr Escott submitted that a 3-days’ suspension would be appropriate if the Committee were to consider a suspension rather than a fine.
Reasons for Penalty:
In determining penalty, the Committee took into account, as mitigating factors, Mr Smolenski’s admission of the breach and his previous good record. An aggravating factor was that Mr Smolenski’s actions had resulted in the disqualification of his horse. The Committee also took into account Mr Smolenski’s expressed preference for a suspension over a fine.
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: 82275a076504a2aa0e4f9b2b15bfa9ff
informantnumber: 69124
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Banks Peninsula TC 29 December 2010 - R 9
charge:
Following the running of Race 9, Mustad New Zealand 3YO+ Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr S F Smolenski, alleging a breach of Rule 869 (4) in that Mr Smolenski, as the driver of SEA STORM in the race, “drove in a manner causing interference to INTERCEPTOR and MISS DORIE when shifting his drive wider on the track with approximately 900 metres to run”.
facts:
Mr Smolenski was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr Escott sought leave to rely on the evidence presented at the earlier protest decision. Mr Smolenski did not wish to make any further submissions.
reasonsfordecision:
The Committee had found in the context of the earlier protest that Mr Smolenski had caused interference as alleged. It was also noted that Mr Smolenski had admitted the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Escott informed the Committee that Mr Smolenski has had 60 raceday drives in the current season. In the 2009/2001 season, he had 155 drives and in the 2008/2009 season 163 drives. He had a clear record as far as breaches of the Rule were concerned. Mr Escott submitted that the Committee should take into account Mr Smolenski’s admission of the breach. Mr Escott submitted that a fine of $350 would be appropriate.
Mr Smolenski asked the Committee to consider a suspension instead of a fine. He told the Committee he was not engaged for any drives at Rangiora HRC on 31 December, for which the time for notification of drivers had closed. Mr Escott submitted that a 3-days’ suspension would be appropriate if the Committee were to consider a suspension rather than a fine.
reasonsforpenalty:
In determining penalty, the Committee took into account, as mitigating factors, Mr Smolenski’s admission of the breach and his previous good record. An aggravating factor was that Mr Smolenski’s actions had resulted in the disqualification of his horse. The Committee also took into account Mr Smolenski’s expressed preference for a suspension over a fine.
penalty:
Mr Smolenski’s Open Driver’s licence was suspended for a period commencing after the close of racing on 29 December 2010 up to and including Sunday, 9 January 2011- effectively 3 days. The three meetings intended to be encompassed by that period are Amberley TC on 3 January 2011 and Nelson HRC on 7 and 9 January 2011.
In calculating the number of days, the Committee did not include the meeting on 31 December for the reasons set out above.
hearing_type: Hearing
Rules: 869(4)
Informant: NR Escott Chief Stipendiary Steward
JockeysandTrainer: SF Smolenski Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fb0ba30e60fded154f26404017e59a02
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9fc9bbec08783477e69d3445a54b161d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2010
meet_title: Banks Peninsula TC - 29 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Banks Peninsula TC