NZ Metro TC 15 February 2014 – R 6
ID: JCA12582
Meet Title:
NZ Metro TC - 15 February 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/02/15
Race Number:
R6
Decision:
Mr Chmiel having admitted the charge, the charge was found proved.
Penalty:
Mr Chmiel was fined the sum of $250.
Facts:
Following the running of Race 6, Resource Recycling Technologies NZ Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr T S Chmiel, alleging a breach of Rule 869 (2) (a) in that, as the driver of JOHNNY VEGAS in the race, he “used his whip in an improper manner by striking his horse after the finish of the race”.
Mr Chmiel had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed that Mr Chmiel did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren showed a video replay of the incident after the finishing line. He pointed out Mr Chmiel, driving JOHNNY VEGAS which had won the race, strike the horse on one occasion, with some force. Mr Chmiel’s explanation to the Stewards was that he felt that the horse was pulling up. This was to be expected after the finishing line, Mr Ydgren submitted. Mr Chmiel had not been very happy with the horse, even though it had won the race, and decided to use his whip again after the line, Mr Ydgren said.
Mr Ydgren said that this incident took place, perhaps, 150 metres after the finishing line and was “an absolutely senseless act”.
Submissions for Penalty:
Mr Ydgren referred to a recent penalty imposed on another horseman, in September 2013, who was fined $200 for striking his horse on several occasions after the winning post.
Mr Ydgren pointed out that the image had been shown on Trackside (it was a close-up of the horse pulling up). He submitted that there was no reason for it and it was a “forceful strike”.
Mr Ydgren submitted that a fine of $200 was appropriate. He said that Mr Chmiel had asked him to submit to the Committee, on his behalf, that he would like the fine to be as low as possible.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $300 fine, as suggested by the Penalty Guide. Mr Chmiel was entitled to a discount for his good record and his admission of the breach. There were no other mitigating factors.
Aggravating factors were that the single strike was delivered with some force and some considerable distance after the finishing line. Such use of the whip is never justified, especially on a horse that had won the race. Incidents such as this are detrimental to the image of harness racing.
The Committee noted that, in the earlier case referred to by Mr Ydgren in his penalty submissions, the charge was unnecessary use of the whip and the facts were somewhat different.
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: 3a803b6fb244f4d5bb3abe2c3004a2e6
informantnumber: A6119
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Improper use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/02/2014
hearing_title: NZ Metro TC 15 February 2014 - R 6
charge:
facts:
Following the running of Race 6, Resource Recycling Technologies NZ Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr T S Chmiel, alleging a breach of Rule 869 (2) (a) in that, as the driver of JOHNNY VEGAS in the race, he “used his whip in an improper manner by striking his horse after the finish of the race”.
Mr Chmiel had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed that Mr Chmiel did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren showed a video replay of the incident after the finishing line. He pointed out Mr Chmiel, driving JOHNNY VEGAS which had won the race, strike the horse on one occasion, with some force. Mr Chmiel’s explanation to the Stewards was that he felt that the horse was pulling up. This was to be expected after the finishing line, Mr Ydgren submitted. Mr Chmiel had not been very happy with the horse, even though it had won the race, and decided to use his whip again after the line, Mr Ydgren said.
Mr Ydgren said that this incident took place, perhaps, 150 metres after the finishing line and was “an absolutely senseless act”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Chmiel having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to a recent penalty imposed on another horseman, in September 2013, who was fined $200 for striking his horse on several occasions after the winning post.
Mr Ydgren pointed out that the image had been shown on Trackside (it was a close-up of the horse pulling up). He submitted that there was no reason for it and it was a “forceful strike”.
Mr Ydgren submitted that a fine of $200 was appropriate. He said that Mr Chmiel had asked him to submit to the Committee, on his behalf, that he would like the fine to be as low as possible.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $300 fine, as suggested by the Penalty Guide. Mr Chmiel was entitled to a discount for his good record and his admission of the breach. There were no other mitigating factors.
Aggravating factors were that the single strike was delivered with some force and some considerable distance after the finishing line. Such use of the whip is never justified, especially on a horse that had won the race. Incidents such as this are detrimental to the image of harness racing.
The Committee noted that, in the earlier case referred to by Mr Ydgren in his penalty submissions, the charge was unnecessary use of the whip and the facts were somewhat different.
penalty:
Mr Chmiel was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: T S Chmiel, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 12baf122a4e487641b8cbde0ec724016
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f780845391521f8322e9b437d55bc15d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/02/2014
meet_title: NZ Metro TC - 15 February 2014
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