Archive Decision

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Oamaru HRC 19 November 2011 – R 4

ID: JCA11980

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr T Chmiel - Licensed Open Horseman

Information Number:
5466

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Oamaru HRC - 19 November 2011

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2011/11/19

Race Number:
R4

Decision:

As Mr Chmiel admitted the breach, the charge was found proved.

Penalty:

Mr Chmiel is fined the sum of $200 and is also reminded of his obligations under the Rules of Harness Racing.

Charge:

Mr Wallis, Stipendiary Steward, alleged that Mr Chmiel used his whip in an excessive manner over the concluding stages of race 4 while driving SUZANNAH.

Facts:

Mr Wallis demonstrated on the videos that the defendant used the whip some 20 times on the horse over the last 250 metres. Mr Chmiel agreed with this count but pointed out that many were quick fire in the final stages of the race when the horse was responding.

Submissions for Penalty:

Mr Wallis produced the defendant’s record which was clear under this Rule over the past year. He submitted a fine of $250 was appropriate. Mr Chmiel asked for a lesser fine.

Reasons for Penalty:

The starting point for a breach of this rule is a fine of $300. There were at least 2 breaks in the defendant’s whip action and  the principal concern was with his final flurry as the horse neared the winning post. This, together with his good record and ready admission of the breach, leads us to believe the matter can be adequately dealt with by way of a fine of $200.

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: 2a7fc826f3eaad812ed00892ad9fbbfb


informantnumber: 5466


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/11/2011


hearing_title: Oamaru HRC 19 November 2011 - R 4


charge:

Mr Wallis, Stipendiary Steward, alleged that Mr Chmiel used his whip in an excessive manner over the concluding stages of race 4 while driving SUZANNAH.


facts:

Mr Wallis demonstrated on the videos that the defendant used the whip some 20 times on the horse over the last 250 metres. Mr Chmiel agreed with this count but pointed out that many were quick fire in the final stages of the race when the horse was responding.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Chmiel admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Wallis produced the defendant’s record which was clear under this Rule over the past year. He submitted a fine of $250 was appropriate. Mr Chmiel asked for a lesser fine.


reasonsforpenalty:

The starting point for a breach of this rule is a fine of $300. There were at least 2 breaks in the defendant’s whip action and  the principal concern was with his final flurry as the horse neared the winning post. This, together with his good record and ready admission of the breach, leads us to believe the matter can be adequately dealt with by way of a fine of $200.


penalty:

Mr Chmiel is fined the sum of $200 and is also reminded of his obligations under the Rules of Harness Racing.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr T Chmiel - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fc0c7baf86d93410e66a6f12501e7cc9


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: a3e675c23367b24d12db5995487c296c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/11/2011


meet_title: Oamaru HRC - 19 November 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Oamaru HRC