NZ Metro TC 27 January 2023 – R1 – Mark Smolenski
ID: RIB15009
Animal Name:
With Grace
Code:
Harness
Race Date:
27/01/2023
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R1
Hearing Date:
27/01/2023
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Driver, Mark Smolenski, suspended 3 days
BACKGROUND:
Following the running of Race 1, IRT. Your Horse. Our Passion. Mobile Trot, the Respondent Driver, Mark Smolenski, as the Driver of WITH GRACE in the race, admitted a charge of using his whip in more than wrist only flicking motion in the run home.
Rule 869 provides:
(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Whip and Rein Regulations provide:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
EVIDENCE:
Stipendiary Steward, Paul Williams, showed video replays of the final 200 metres of the race. He pointed out WITH GRACE, driven by the Respondent, improving wide on the track, from beyond mid-field, as the field entered the home straight. Shortly thereafter, the Respondent commenced to use his whip, doing so in more than a wrist only flicking motion, on approximately nine occasions, and over a distance in excess of 50 metres, Mr Williams said.
The Respondent did not wish to comment.
DECISION:
The charge is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Stipendiary Steward, Paul Williams, said that the Respondent had 11 drives in the season just concluded and, to date, in the current season he has had 2 drives.
He submitted that the breach was medium-level, for which the HRNZ Whip Penalty Guide suggests a starting point for penalty of a $500 fine or 2-days suspension. He further submitted that there were aggravating factors – the distance over which the whip was used and the “significant extension of the arm”. He submitted that a 3-days suspension would be appropriate.
The Respondent said that he had been notified as the Driver of the same horse at Methven TC on Sunday, 29 January. He expressed a preference for a term of suspension rather than a fine.
REASONS FOR PENALTY:
The Adjudicative Committee found that this breach was mid-level as defined in the Penalty Guide, that is to say – “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.
For a first offence, medium-level breach, the penalty starting point is a 2-days suspension. However, the aggravating factors to be considered, as highlighted by Mr Williams in his penalty submissions, warrant an uplift to the starting point by 1 day.
A suspension is an appropriate penalty and that suspension will be one of 3 days.
CONCLUSION:
The Respondent Driver, Mark Smolenski, is suspended for 3 days, commencing on 30 January 2023 and ending after 12 February 2023.
Decision Date: 27/01/2023
Publish Date: 30/01/2023