Methven TC 25 March 2012 – R 7 (heard on 7 April 2012 at Addington)

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startdate: 25/03/2012

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hearing_title: Methven TC 25 March 2012 - R 7 (heard on 7 April 2012 at Addington)

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S P Renault - Stipendiary Steward
Defendant: Mr S F Smolenski - Open Horseman
Information No: A5087
Meeting: Methven Trotting Club
Venue: Methven

Date: 25 March 2012 (heard on 7 April 2012 at Addington)

Race: 7

Rule No: 869 (2) (a)
Judicial Committee: J M Phelan, Chairman – K G Hales, Committee Member
Plea: Admitted
 

Charge:
Alleged excessive use of the whip.

Evidence:
This matter was heard at the NZMTC race meeting at Addington Raceway on 7 April 2012.

Following the running of Race 7, the Southern Demolition 2YO Mobile Trot, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr S. F. Smolenski alleging a breach of Rule 869(2)(a) in that he used his whip excessively.

The charge reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip in the run home in a manner which Stewards deem to be excessive whilst driving “Regal Aspirations”.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Mr Smolenski had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Smolenski also agreed that he understood the charge and the Rule it was brought under.

Submissions For Decision:

Mr Renault gave evidence and used video coverage to show that Mr Smolenski had used his whip on about 23 to 24 occasions in the run home. Although there were some pauses in the use of the whip, they were rapid fire and were simply too much.

Mr Smolenski said that a number of the strikes had not been on the horse, and that it was a particularly close finish.

Reasons For Decision:

As Mr Smolenski had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).

Decision(s):

The charge was found to be proved.

Submission For Penalty:

In relation to penalty Mr Renault advised that Mr Smolenski had two relevant previous breaches of this Rule, these being on 20 November 2011 when he was fined $200-00, and on 27 November 2011 when he received a three (3) day suspension. The Penalty Guide recommends a starting point of 6 drives or a $300-00 fine, and Mr Renault submitted that as this was Mr Smolenski’s third breach since November 2011 that a four (4) day suspension should be imposed in this case. Mr Renault also advised that Mr Smolenski had 115 drives last season, and has had 69 drives so far this season.

Mr Smolenski made submissions that he would prefer a fine to a suspension in this case. He said that the three (3) day suspension imposed on 27 November 2011 was because he asked for a suspension instead of the fine that the Stipendiary Stewards had asked for.

We adjourned to consider the matter of an appropriate penalty.

Reasons For Penalty:

We took into account Mr Smolenski had admitted this breach. It was also relevant that Mr Smolenski has about 2 drives a week, and that a four (4) day suspension would equate to about 2½ weeks or five (5) drives. We were satisfied that a fine was appropriate in this case. As this was Mr Smolenski’s third breach we decided that a fine of $350-00 should be imposed.

Penalty:

Mr Smolenski was fined the sum of $350-00.
 

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hearing_type: Old Hearing

Rules: 869(2)(a)

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