NZ Metro TC 5 April 2013 – R 4
ID: JCA17247
Meet Title:
NZ Metro TC - 5 April 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/04/05
Race Number:
R4
Decision:
Mr Smolenski having admitted the breach, the charge was found proved.
Penalty:
Mr Smolenski was fined the sum of $300.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 4, Seelite Windows & Doors NZ Trotting Derby (Group 1), an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Horseman, Mr S F Smolenski, alleging that, as the driver of ROYAL ASPIRATIONS in the race, he used his whip “in a manner which Stewards deem to be excessive when driving ROYAL ASPIRATIONS”.
Mr Smolenski was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr Allison showed a video replay of the final 300-400 metres of the race. He pointed out Mr Smolenski, driving ROYAL ASPIRATIONS, on the outside vying for the lead with the leader, BLITZTHEMCALDER, as the field approached the home turn. Mr Smolenski commenced using his whip just prior to the home turn and, from that point to just short of the finishing line, Mr Allison alleged that Mr Smolenski had used his whip on 22 occasions. He had endeavoured to break up his use of the whip but the total number of strikes was unacceptable, Mr Allison submitted. The strikes were quite firm but, to Mr Smolenski’s credit, he did stop using his whip short of the finishing line when he was resigned to finishing in 3rd placing, Mr Allison said.
Mr Smolenski accepted that he had used his whip 22 times. He admitted that he had “got a bit carried away” – it was a big race for a good stake and he was trying for the best result.
Submissions for Penalty:
Mr Allison said that Mr Smolenski was endeavouring to break up his use of the whip. He has no previous breaches of the whip Rule in the past 12 months and had admitted the breach. Mr Allison reminded the Committee that it was a Group 1 race for a stake of $80,000. He submitted that a fine in the vicinity of $300 was appropriate.
Mr Allison informed the Committee that Mr Smolenski has had 39 drives in the current season. In the 2011/2012 season he had 94 drives and, in the season before that 115 drives.
Mr Smolenski stated that it was big race for “big money”. He submitted that the number of strikes had only just exceeded the number of 20 which, he understood, was the acceptable number.
Reasons for Penalty:
The Penalty Guide recommends a starting point for a breach of the Rule of a $300 fine. A suspension was not appropriate in this case. The Committee believed that Mr Smolenski was entitled to a discount from that point for his very frank admission of the breach.
In this case, the number of strikes was at the lower end for breaches of the Rule. The Committee noted that the use of the whip was over a distance of some 350 metres and was satisfied that there were discernible pauses and alternative actions, as required by the guidelines.
The Committee also looked at the database of penalties imposed for previous breaches of the whip Rule in Group 1 races.
The principal aggravating factor in this case was that the race was a Group 1 event for a stake of $80,000.
Weighing up all of the factors referred to, the Committee decided that the appropriate penalty in this case was a fine of $300.
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: efde17972d2ff4062f5c7dcc6ae10615
informantnumber: A5912
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: NZ Metro TC 5 April 2013 - R 4
charge:
Excessive use of the whip.
facts:
Following the running of Race 4, Seelite Windows & Doors NZ Trotting Derby (Group 1), an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Open Horseman, Mr S F Smolenski, alleging that, as the driver of ROYAL ASPIRATIONS in the race, he used his whip “in a manner which Stewards deem to be excessive when driving ROYAL ASPIRATIONS”.
Mr Smolenski was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison showed a video replay of the final 300-400 metres of the race. He pointed out Mr Smolenski, driving ROYAL ASPIRATIONS, on the outside vying for the lead with the leader, BLITZTHEMCALDER, as the field approached the home turn. Mr Smolenski commenced using his whip just prior to the home turn and, from that point to just short of the finishing line, Mr Allison alleged that Mr Smolenski had used his whip on 22 occasions. He had endeavoured to break up his use of the whip but the total number of strikes was unacceptable, Mr Allison submitted. The strikes were quite firm but, to Mr Smolenski’s credit, he did stop using his whip short of the finishing line when he was resigned to finishing in 3rd placing, Mr Allison said.
Mr Smolenski accepted that he had used his whip 22 times. He admitted that he had “got a bit carried away” – it was a big race for a good stake and he was trying for the best result.
reasonsfordecision:
Decision:
Mr Smolenski having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Allison said that Mr Smolenski was endeavouring to break up his use of the whip. He has no previous breaches of the whip Rule in the past 12 months and had admitted the breach. Mr Allison reminded the Committee that it was a Group 1 race for a stake of $80,000. He submitted that a fine in the vicinity of $300 was appropriate.
Mr Allison informed the Committee that Mr Smolenski has had 39 drives in the current season. In the 2011/2012 season he had 94 drives and, in the season before that 115 drives.
Mr Smolenski stated that it was big race for “big money”. He submitted that the number of strikes had only just exceeded the number of 20 which, he understood, was the acceptable number.
reasonsforpenalty:
The Penalty Guide recommends a starting point for a breach of the Rule of a $300 fine. A suspension was not appropriate in this case. The Committee believed that Mr Smolenski was entitled to a discount from that point for his very frank admission of the breach.
In this case, the number of strikes was at the lower end for breaches of the Rule. The Committee noted that the use of the whip was over a distance of some 350 metres and was satisfied that there were discernible pauses and alternative actions, as required by the guidelines.
The Committee also looked at the database of penalties imposed for previous breaches of the whip Rule in Group 1 races.
The principal aggravating factor in this case was that the race was a Group 1 event for a stake of $80,000.
Weighing up all of the factors referred to, the Committee decided that the appropriate penalty in this case was a fine of $300.
penalty:
Mr Smolenski was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: C J Allison, Stipendiary Steward
JockeysandTrainer: S F Smolenski, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8303eccb420bfd3128b338331abe1185
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa11c0e938fadd6fbdd5000dab48c70c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2013
meet_title: NZ Metro TC - 5 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC