Timaru HRC – 16 September 2007 – Race 7
ID: JCA21237
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 16 September 2007
Race Date:
2007/09/16
Race Number:
Race 7
Decision: --
Following the running of Race 7, The Trust’s Charitable Foundation Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of "Eastwood Highlander" (8), alleging a breach of Rules 867 (foot out of rest) and 869(3)(f), (improper driving).
--
DECISION AND REASONS:
--This matter was heard at the NZMTC meeting on 5 October 2007.
--Following the running of Race 7, The Trust’s Charitable Foundation Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of "Eastwood Highlander" (8), alleging a breach of Rules 867 (foot out of rest) and 869(3)(f), (improper driving). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(f) [and] 867 alternative in that Mr Smolenski used his foot as a bar rounding the final bend therefore driving in an improper manner [and] driving with his foot out of the footrests."
--Rule 869(3)(f) reads as follows.
--"No horseman in any race shall drive improperly."
--Rule 867 reads as follows.
------"Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose."
--Mr S. Smolenski had indicated on the information that he did not admit these
--breaches of the Rules and he confirmed this at the hearing. Both Mr Smolenskis agreed that they understood the charges and the Rules under which the charges were laid.
--It was also made clear at the hearing by Mr McIntyre that these two charges were laid in the alternative.
--Mr McIntyre gave evidence and showed video coverage. He said that Mr Smolenski was seen to drop his left leg out of the foot rest quite some distance before reaching the home straight. Mr Smolenski was also seen to swing his left leg, and it was believed that he used his foot as a bar.
------Stipendiary Steward Mr Ydgren gave evidence that he viewed this race from
--the top of the home straight. He said that Mr Smolenski had his foot out of the foot rest for a considerable distance, and estimated the distance at about 250 metres. Mr Ydgren also said that he had seen Mr Smolenski "straighten" his leg and believed that he had used his foot as a bar, which is improper.
--Mr Smolenski gave evidence that his foot had slipped out of the rest, and he denied that it had been out for anywhere near 250 metres or that he had used his foot as a bar.
--Mr Ydgren was asked by the Committee if he had seen Mr Smolenski’s foot come into contact with his horse. He said that it would not have been possible for him to have seen any contact there might have been.
--We then adjourned to consider our decision, and on resuming the hearing we gave the following oral decision.
--"Having heard the evidence, and having seen the video coverage, we are satisfied that Mr Smolenski dropped his leg out of the footrest rounding the top bend for the last time. The Stipendiary Stewards estimate this continued for about 250 metres, though Mr Smolenski disputed this.
--Video coverage showed Mr Smolenski swinging his leg for a short distance, but the coverage was not sufficient to show his leg being used as a bar.
--Stipendiary Steward Mr Ydgren said he viewed the race from the top of the front straight, and saw Mr Smolenski straighten his leg, which is an indication it was to be used as a bar. Mr Smolenski denied he used his leg in this way and Mr Ydgren agreed it was not possible for him to see contact between Mr Smolenski’s foot and the horse.
--A charge of improper driving is quite serious, and there needs to be some compelling evidence that the charge has been proved to a higher standard than in a less serious case.
--Taking all these matters into account we are not satisfied Mr Smolenski used his foot as a bar, and the charge of improper driving is therefore dismissed.
--The charge of having a foot out of the rest is proved, and a conviction is entered on this charge."
--Penalty: Mr McIntyre advised that Mr Smolenski had no previous relevant convictions, and recommended a fine of $100-00 which is the normal fine for a breach of this Rule. Mr Smolenski had no submissions to make regarding penalty. We were satisfied that a fine of $100-00 was appropriate in this case and Mr Smolenski was fined this amount.
----
--
--
_____________
--- --
- M. Phelan
Chairman
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: 816a9d140e946b6c6dfb05775ffd4d5c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/09/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 16 September 2007 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 7, The Trust’s Charitable Foundation Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of "Eastwood Highlander" (8), alleging a breach of Rules 867 (foot out of rest) and 869(3)(f), (improper driving).
--
DECISION AND REASONS:
--This matter was heard at the NZMTC meeting on 5 October 2007.
--Following the running of Race 7, The Trust’s Charitable Foundation Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr S. F. Smolenski, Junior Horseman, driver of "Eastwood Highlander" (8), alleging a breach of Rules 867 (foot out of rest) and 869(3)(f), (improper driving). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(f) [and] 867 alternative in that Mr Smolenski used his foot as a bar rounding the final bend therefore driving in an improper manner [and] driving with his foot out of the footrests."
--Rule 869(3)(f) reads as follows.
--"No horseman in any race shall drive improperly."
--Rule 867 reads as follows.
------"Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose."
--Mr S. Smolenski had indicated on the information that he did not admit these
--breaches of the Rules and he confirmed this at the hearing. Both Mr Smolenskis agreed that they understood the charges and the Rules under which the charges were laid.
--It was also made clear at the hearing by Mr McIntyre that these two charges were laid in the alternative.
--Mr McIntyre gave evidence and showed video coverage. He said that Mr Smolenski was seen to drop his left leg out of the foot rest quite some distance before reaching the home straight. Mr Smolenski was also seen to swing his left leg, and it was believed that he used his foot as a bar.
------Stipendiary Steward Mr Ydgren gave evidence that he viewed this race from
--the top of the home straight. He said that Mr Smolenski had his foot out of the foot rest for a considerable distance, and estimated the distance at about 250 metres. Mr Ydgren also said that he had seen Mr Smolenski "straighten" his leg and believed that he had used his foot as a bar, which is improper.
--Mr Smolenski gave evidence that his foot had slipped out of the rest, and he denied that it had been out for anywhere near 250 metres or that he had used his foot as a bar.
--Mr Ydgren was asked by the Committee if he had seen Mr Smolenski’s foot come into contact with his horse. He said that it would not have been possible for him to have seen any contact there might have been.
--We then adjourned to consider our decision, and on resuming the hearing we gave the following oral decision.
--"Having heard the evidence, and having seen the video coverage, we are satisfied that Mr Smolenski dropped his leg out of the footrest rounding the top bend for the last time. The Stipendiary Stewards estimate this continued for about 250 metres, though Mr Smolenski disputed this.
--Video coverage showed Mr Smolenski swinging his leg for a short distance, but the coverage was not sufficient to show his leg being used as a bar.
--Stipendiary Steward Mr Ydgren said he viewed the race from the top of the front straight, and saw Mr Smolenski straighten his leg, which is an indication it was to be used as a bar. Mr Smolenski denied he used his leg in this way and Mr Ydgren agreed it was not possible for him to see contact between Mr Smolenski’s foot and the horse.
--A charge of improper driving is quite serious, and there needs to be some compelling evidence that the charge has been proved to a higher standard than in a less serious case.
--Taking all these matters into account we are not satisfied Mr Smolenski used his foot as a bar, and the charge of improper driving is therefore dismissed.
--The charge of having a foot out of the rest is proved, and a conviction is entered on this charge."
--Penalty:
Mr McIntyre advised that Mr Smolenski had no previous relevant convictions, and recommended a fine of $100-00 which is the normal fine for a breach of this Rule. Mr Smolenski had no submissions to make regarding penalty. We were satisfied that a fine of $100-00 was appropriate in this case and Mr Smolenski was fined this amount.----
--
--
_____________
--- --
- M. Phelan
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.f
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ca7bef9c3bedde252a2d33d3f2f8e884
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e9c84231abcac0c33d05c03885dddfcc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2007
meet_title: Timaru HRC - 16 September 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Timaru HRC