NZ Metro TC – 21 August 2009 – Race 3
ID: JCA19476
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 21 August 2009
Race Date:
2009/08/21
Race Number:
Race 3
Decision:
Following the running of Race 3, the PaintLab Hornby Mobile Pace, an information was filed by Stipendiary Steward Mr S. P. Renault against Mr M. J. Smolenski, Licensed Trainer of “Ashes Of Passion” (16), alleging a breach of Rule 864(2)(d).
--
Following the running of Race 3, the PaintLab Hornby Mobile Pace, an information was filed by Stipendiary Steward Mr S. P. Renault against Mr M. J. Smolenski, Licensed Trainer of “Ashes Of Passion” (16), alleging a breach of Rule 864(2)(d).
--The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that M. J. Smolenski as the trainer of Ashes Of Passion failed to affix the pull down blinds so as not to malfunction.”
--The rule reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mr Smolenski had indicated on the information that he did not admit this Breach of the Rules and that he did not wish to attend the hearing.
Stipendiary Steward Mrs K. R. Williams used video coverage to show that only one pull down blind had activated. Mr Renault gave evidence that the driver of “Ashes Of Passion” (16), Mr S. F. Smolenski, was spoken to after the race and said that he had operated the pull down blinds, but only one had activated.
--As Mr M. J. Smolenski had chosen not to attend the hearing, there was no defence to the charge and we found it proved.
--Mr Renault recommended a fine of $100-00 in this case, and we were satisfied that a fine of $100-00 was appropriate. Accordingly Mr Smolenski was fined the sum of $100-00.
----
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
68088
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: 5f363e76fdf34d6da81a7eab5fe7012e
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 21/08/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 21 August 2009 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 3, the PaintLab Hornby Mobile Pace, an information was filed by Stipendiary Steward Mr S. P. Renault against Mr M. J. Smolenski, Licensed Trainer of “Ashes Of Passion” (16), alleging a breach of Rule 864(2)(d).
--
Following the running of Race 3, the PaintLab Hornby Mobile Pace, an information was filed by Stipendiary Steward Mr S. P. Renault against Mr M. J. Smolenski, Licensed Trainer of “Ashes Of Passion” (16), alleging a breach of Rule 864(2)(d).
--The charge reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 864(2)(d) in that M. J. Smolenski as the trainer of Ashes Of Passion failed to affix the pull down blinds so as not to malfunction.”
--The rule reads as follows.
--“(2) Every horseman, owner, trainer and assistant thereof of a horse shall
with regard to that horse ensure that :-
(a) ….
(b) ….
(c) ….
(d) all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Mr Smolenski had indicated on the information that he did not admit this Breach of the Rules and that he did not wish to attend the hearing.
Stipendiary Steward Mrs K. R. Williams used video coverage to show that only one pull down blind had activated. Mr Renault gave evidence that the driver of “Ashes Of Passion” (16), Mr S. F. Smolenski, was spoken to after the race and said that he had operated the pull down blinds, but only one had activated.
--As Mr M. J. Smolenski had chosen not to attend the hearing, there was no defence to the charge and we found it proved.
--Mr Renault recommended a fine of $100-00 in this case, and we were satisfied that a fine of $100-00 was appropriate. Accordingly Mr Smolenski was fined the sum of $100-00.
----
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
68088
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d752096ceee3745ee8bf1de52fd27630
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d92bba9f92a5232e5d4752648164df5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/08/2009
meet_title: NZ Metro TC - 21 August 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC