Timaru HRC – 19 September 2004 –
ID: JCA19932
Hearing Type (Code):
harness-racing
Decision:
Following the running of race two an information was lodged by Mrs Williams instigating a charge under Rules 849(4)(6)(b) and (c).
| -- DECISION & REASON ----Following the running of race two an information was lodged by Mrs Williams instigating a charge under Rules 849(4)(6)(b) and (c). It was alleged that horse no. 13 (Rocky Mountaineer) driven by Mr S. Smolenski with approximately 1400m to run moved out from the two-out position when Chiola In BlackJeans (S. Dickson) was racing on its outside with Three Gold Stars (S. Evans) improving on the outside of Chiola In BlackJeans, thereby breaching the "push out" rule. ----At the outset of the hearing Mr Smolenski confirmed that he admitted the charge. ----Mrs Williams demonstrated the incident with the assistance of the video evidence and said that when Mr Smolenski moved out he was following the horse in front of him, Mount Sun (Mr C. De Filippi), the latter being entitled to move out as there was no horse on its outside. However, Mr Smolenski was not entitled to move out as Chiola in BlackJeanss and Three Gold Stars were moving forward around Rocky Mountaineer. Mr Smolenski, for his part, said that he simply followed the other horse and accepted that he was at fault and should have remained in the two-out position. The charge is accordingly formally found proven. ----With regard to penalty, Mrs Williams submitted that given Mr Smolenski's early guilty plea, his frankness at the hearing and his clear record for this type of offence over the preceding 12 months that a monetary penalty only was sought. Mr Smolenski, for his part, submitted that the smaller the monetary penalty the better. ----Taking all matters into account the Committee imposes a fine of $200. ----
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Decision Date: 19/09/2004
Publish Date: 19/09/2004
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: 4df57eca06ee2016c9059b0b141638b3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/09/2004
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 19 September 2004 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race two an information was lodged by Mrs Williams instigating a charge under Rules 849(4)(6)(b) and (c).
| -- DECISION & REASON----Following the running of race two an information was lodged by Mrs Williams instigating a charge under Rules 849(4)(6)(b) and (c). It was alleged that horse no. 13 (Rocky Mountaineer) driven by Mr S. Smolenski with approximately 1400m to run moved out from the two-out position when Chiola In BlackJeans (S. Dickson) was racing on its outside with Three Gold Stars (S. Evans) improving on the outside of Chiola In BlackJeans, thereby breaching the "push out" rule. ----At the outset of the hearing Mr Smolenski confirmed that he admitted the charge. ----Mrs Williams demonstrated the incident with the assistance of the video evidence and said that when Mr Smolenski moved out he was following the horse in front of him, Mount Sun (Mr C. De Filippi), the latter being entitled to move out as there was no horse on its outside. However, Mr Smolenski was not entitled to move out as Chiola in BlackJeanss and Three Gold Stars were moving forward around Rocky Mountaineer. Mr Smolenski, for his part, said that he simply followed the other horse and accepted that he was at fault and should have remained in the two-out position. The charge is accordingly formally found proven. ----With regard to penalty, Mrs Williams submitted that given Mr Smolenski's early guilty plea, his frankness at the hearing and his clear record for this type of offence over the preceding 12 months that a monetary penalty only was sought. Mr Smolenski, for his part, submitted that the smaller the monetary penalty the better. ----Taking all matters into account the Committee imposes a fine of $200. ----
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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