NZ Metro TC – 14 September 2006 –
ID: JCA21813
Hearing Type (Code):
harness-racing
Decision: --
An information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr M. J. Smolenski, licensed trainer of Make It Real (2), alleging a breach of clause 2(f) of the Claiming Races Regulations
--
DECISION AND REASONS:
--An information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr M. J. Smolenski, licensed trainer of Make It Real (2), alleging a breach of clause 2(f) of the Claiming Races Regulations. The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Claiming Regulations in that M. J. Smolenski scratched Make It Real after acceptance time in breach of the Regulations."
--Clause 2(f) of the Claiming Races Regulations provides as follows.
--"2. Prohibitions:
--(f) A horse which has been selected to start in a claiming race
--shall not be sold or otherwise transferred until the claiming
--race has been conducted, save where it is claimed from the
--said claiming race."
--Mr Smolenski had indicated on the Information that he admitted the breach of this Regulation and he confirmed this at the hearing.
--Mr McIntyre gave evidence that Make It real had been entered for this race and scratched before the normal scratching time. However this is not allowable in claiming races and hence the charge.
--Mr Smolenski gave evidence that the owner wanted to sell the horse and a buyer from Auckland had agreed to buy it. By that time the fields had been declared. The new owner did not want the horse to start in this claiming race, and it had now been sent up to Auckland.
--Penalty: Mr McIntyre recommended a fine of $200-00 to $300-00 for this breach. This was the first charge of its kind so far as Mr McIntyre was aware, but it was important as a scratching in these circumstances could have an effect on persons intending to put in a claim for the horse.
--Mr Smolenski had no relevant submissions to make with regards to penalty.
--After hearing from the parties on penalty I advised them that I would reserve a decision on penalty until I had a chance to look at previous cases (if there were any) and to decide what would be an appropriate penalty in the circumstances.
--I have been unable to find any previous prosecutions under this Regulation. In my view the most comparable charge is for late scratching a horse in breach of Rule 834(2)(a). The most common scenario in these cases is that the horse is late scratched because it has been sold after scratching time has passed. The fines in these cases are typically $200-00.
--In the present case I am satisfied that a fine of $200-00 is appropriate, and Mr Smolenski will be fined this amount.
----
JM Phelan
--CHAIRMAN
Decision Date: 14/09/2006
Publish Date: 14/09/2006
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: bf3310a4629b3ec9a53f80f13114fb5b
informantnumber:
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hearing_racingtype: harness-racing
startdate: 14/09/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 14 September 2006 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr M. J. Smolenski, licensed trainer of Make It Real (2), alleging a breach of clause 2(f) of the Claiming Races Regulations
--
DECISION AND REASONS:
--An information was lodged by Stipendiary Steward Mr N. G. McIntyre against Mr M. J. Smolenski, licensed trainer of Make It Real (2), alleging a breach of clause 2(f) of the Claiming Races Regulations. The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Claiming Regulations in that M. J. Smolenski scratched Make It Real after acceptance time in breach of the Regulations."
--Clause 2(f) of the Claiming Races Regulations provides as follows.
--"2. Prohibitions:
--(f) A horse which has been selected to start in a claiming race
--shall not be sold or otherwise transferred until the claiming
--race has been conducted, save where it is claimed from the
--said claiming race."
--Mr Smolenski had indicated on the Information that he admitted the breach of this Regulation and he confirmed this at the hearing.
--Mr McIntyre gave evidence that Make It real had been entered for this race and scratched before the normal scratching time. However this is not allowable in claiming races and hence the charge.
--Mr Smolenski gave evidence that the owner wanted to sell the horse and a buyer from Auckland had agreed to buy it. By that time the fields had been declared. The new owner did not want the horse to start in this claiming race, and it had now been sent up to Auckland.
--Penalty:
Mr McIntyre recommended a fine of $200-00 to $300-00 for this breach. This was the first charge of its kind so far as Mr McIntyre was aware, but it was important as a scratching in these circumstances could have an effect on persons intending to put in a claim for the horse.--Mr Smolenski had no relevant submissions to make with regards to penalty.
--After hearing from the parties on penalty I advised them that I would reserve a decision on penalty until I had a chance to look at previous cases (if there were any) and to decide what would be an appropriate penalty in the circumstances.
--I have been unable to find any previous prosecutions under this Regulation. In my view the most comparable charge is for late scratching a horse in breach of Rule 834(2)(a). The most common scenario in these cases is that the horse is late scratched because it has been sold after scratching time has passed. The fines in these cases are typically $200-00.
--In the present case I am satisfied that a fine of $200-00 is appropriate, and Mr Smolenski will be fined this amount.
----
JM Phelan
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 834.2.a
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