NZ Metro TC 30 August 2019 – R 6 – Chair, Mr R McKenzie
ID: JCA10574
Meet Title:
NZ Metro TC - 30 August 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2019/08/30
Race Number:
R6
Decision:
Mr Smolenski has admitted the charge and it is found proved accordingly.
Penalty:
Mr Smolenski is fined the sum of $300.
Facts:
Following the running of Race 6, Harcourts Grenadier Real Estate Ltd – City Office Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr S F Smolenski, alleging that Mr Smolenski, as the driver of MIKEY MAGUIRE in the race, used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Mr Smolenski had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Smolenski was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Smolenski, driving MIKEY MAGUIRE, which was leading the field passing the 400 metres. Stewards were alleging that Mr Smolenski had used his whip in a striking motion 15 times from the 400 metres to the finishing line, Mr Ydgren said. That did not include a number of “taps” or “flicks”, he said.
Mr Smolenski confirmed that he accepted the number of strikes as alleged by the Stewards. He said that the horse was a big, lazy horse and the trainer had told him to take the blinds off as he could not see the other horses.
The Committee noted that MIKEY MAGUIRE finished in 4th placing.
Submissions for Penalty:
Stewards were seeking a fine of $300, being the penalty prescribed in the Regulations for a first offence breach involving a number of strikes in the range of 14-16, Mr Ydgren said. Mr Smolenski had been very frank in his admission of the breach.
This was Mr Smolenski’s first drive this season and he had only 6 drives in the 2018/2019 season, Mr Ydgren said. So, he is an “infrequent driver” these days and is concentrating more on training, Mr Ydgren said.
Mr Smolenski asked the Committee if it would be prepared to consider a suspension as penalty.
Reasons for Penalty:
The penalty is prescribed in the Regulations, for a first breach in the range of 14-16 strikes, as a fine of $300. In this case, there are no aggravating or mitigating factors requiring an uplift or a discount. The Regulations do not allow for a suspension for a first breach and, in any event, a suspension would not be appropriate given that Mr Smolenski drives only very infrequently, as explained by Mr Ydgren. A term of suspension, unless a very lengthy one, could turn out to be meaningless.
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: 023e7fa8ff00c6701152c6b7603bbffd
informantnumber: A10761
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/09/2019
hearing_title: NZ Metro TC 30 August 2019 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Harcourts Grenadier Real Estate Ltd – City Office Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr S F Smolenski, alleging that Mr Smolenski, as the driver of MIKEY MAGUIRE in the race, used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Mr Smolenski had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Smolenski was present at the hearing of the information and he confirmed that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Smolenski, driving MIKEY MAGUIRE, which was leading the field passing the 400 metres. Stewards were alleging that Mr Smolenski had used his whip in a striking motion 15 times from the 400 metres to the finishing line, Mr Ydgren said. That did not include a number of “taps” or “flicks”, he said.
Mr Smolenski confirmed that he accepted the number of strikes as alleged by the Stewards. He said that the horse was a big, lazy horse and the trainer had told him to take the blinds off as he could not see the other horses.
The Committee noted that MIKEY MAGUIRE finished in 4th placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Smolenski has admitted the charge and it is found proved accordingly.
sumissionsforpenalty:
Stewards were seeking a fine of $300, being the penalty prescribed in the Regulations for a first offence breach involving a number of strikes in the range of 14-16, Mr Ydgren said. Mr Smolenski had been very frank in his admission of the breach.
This was Mr Smolenski’s first drive this season and he had only 6 drives in the 2018/2019 season, Mr Ydgren said. So, he is an “infrequent driver” these days and is concentrating more on training, Mr Ydgren said.
Mr Smolenski asked the Committee if it would be prepared to consider a suspension as penalty.
reasonsforpenalty:
The penalty is prescribed in the Regulations, for a first breach in the range of 14-16 strikes, as a fine of $300. In this case, there are no aggravating or mitigating factors requiring an uplift or a discount. The Regulations do not allow for a suspension for a first breach and, in any event, a suspension would not be appropriate given that Mr Smolenski drives only very infrequently, as explained by Mr Ydgren. A term of suspension, unless a very lengthy one, could turn out to be meaningless.
penalty:
Mr Smolenski is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: S F Smolenski, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a7d1c36d8c19a98ef0d967e11d4776fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f26dbf1e7ea627f9e96a2c3d3b5ad5af
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/08/2019
meet_title: NZ Metro TC - 30 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: none
name: NZ Metro TC