Oamaru HRC 17 May 2015 – R 10
ID: JCA12612
Meet Title:
Oamaru HRC - 17 May 2015
Meet Chair:
PKnowles
Meet Committee Member 1:
GClapp
Race Date:
2015/05/17
Race Number:
R1
Decision:
The charge is found proved.
Penalty:
Mr Chmiel is fined $450 and reminded of his obligations under the rules of HRNZ.
Facts:
Following the running of Race 10, the Changeover Mobile Stakes an information was filed by Stipendiary Steward Mr S Renault alleging Mr T Chmiel (Parramatta) breached Rule 869 (3) (b) in that ..Mr T Chmiel (Parramatta) drove carelessly with 400m to run when shifting inwards crowding On The Town (D Dunn) with this horse locking wheels with Heretic Franco (J Dunn).
Mr Chmiel was present at the hearing and denied the charge.
Rule 869 (3) (b) provides:
(3) No horseman in any race shall drive
(b) carelessly.
Mr Quirk, with the aid of the videos, pointed out the relevant positions of each horse prior to the alleged interference. Mr Chmiel (Parramatta) had improved three wide racing into the final bend from the back straight and had crossed over to a three wide position approaching the 400m mark. On his inside was Mr D Dunn (On the Town) in the parked out position and inside him and leading was Mr J Dunn (Heretic Franco).
Mr Renault stated that when Mr Chmiel (Parramatta) reached the three wide position, he allowed his horse to shift inwards onto On The Town pushing On The Town down onto Heretic Franco. Mr D Dunn had attempted to shift his cart sideways to relieve the pressure on the inside horse but was unable to get clear. This resulted in the inside sulky wheel of On The Town and the outside sulky wheel of Heretic Franco to come together and lock. As a result both horses lost all forward momentum and retreated through the field causing considerable interference to the remainder of the field.
Mr D Dunn stated he was in the parked out position when Mr Chmiel came up quickly to his outside. He said there was pressure from the outside horse (Parramatta) and he ran out of room. He was not having difficulty with his horse and he had called out for room. He also stated the incident happened very quickly.
Mr J Dunn stated his horse had drifted outwards slightly in the back straight but was racing on a good line around the bend. He said prior to the incident he was just looking after his own horse.
Mr Chmiel, in his defence, stated that Heretic Franco had run outwards down the back straight and again on the bend. He had come round to the three wide position quickly and his horse may have ducked inwards for a stride. He stated there was no evidence to suggest he had allowed his horse to shift inwards onto On The Town.
Submissions for Decision:
Mr Renault stated that when Mr Chmiel (Parramatta) reached the three wide position, he allowed his horse to shift inwards onto On The Town pushing On The Town down onto Heretic Franco. Mr D Dunn had attempted to shift his cart sideways to relieve the pressure on the inside horse but was unable to get clear. This resulted in the inside sulky wheel of On The Town and the outside sulky wheel of Heretic Franco to come together and lock. As a result both horses lost all forward momentum and retreated through the field causing considerable interference to the remainder of the field.
Mr D Dunn stated he was in the parked out position when Mr Chmiel came up to his outside. He said there was pressure from the outside horse (Parramatta) and he ran out of room. He was not having difficulty with his horse and he had called out for room. He also stated the incident happened very quickly.
Mr J Dunn stated his horse had drifted outwards slightly in the back straight but was racing on a good line around the bend. He said prior to the incident he was just looking after his own horse.
Mr Chmiel, in his defence, stated that Heretic Franco had run outwards down the back straight and again on the bend. He had come round to the three wide position quickly and his horse may have ducked inwards for a stride. He stated there was no evidence to suggest he had allowed his horse to shift inwards onto On The Town.
Reasons for Decision:
Mr Chmiel defended a charge of careless driving in that he allegedly allowed his horse Parramatta to shift inwards onto On The Town and Heretic Franco, with approx. 400m to run resulting in interference to both runners and losing their chances.
Mr Renault stated that it was due to Mr Chmiel’s actions, in allowing his horse to shift inwards placing pressure on the other two runners that caused the incident. He said there was no evidence, either on the video, or from both horsemen that On The Town or Heretic Franco contributed to the incident in any way.
In his defence Mr Chmiel was of the view that the leading horse Heretic Franco had run outwards down the back straight and had hung outwards on the bend. This had put pressure on On The Town on its outside. He stated his horse had ducked inwards slightly for a stride but there was no evidence to suggest he was at fault.
The committee found the back straight video replay to be the compelling point in its decision. The video shows Mr Chmiel shifting inwards with Parramatta onto On The Town. It also shows that Mr D Dunn had attempted to shift his sulky outwards to ease the pressure on the inside runner Heretic Franco. Heretic Franco was keeping a consistent line round the bend and was not shifting ground outwards. The committee also found the evidence given by both Mr D and J Dunn at the hearing was consistent with the video evidence of the incident.
The committee is satisfied that Mr Chmiel drove carelessly at the 400m mark causing interference.
Submissions for Penalty:
Mr Renault stated Mr Chmiel had a clear record in respect of careless driving. He had had 308 drives this season. The Penalty Guide recommended a starting point of $500 and he submitted the committee should also take into account the severity of the incident as the majority of horses in the field were checked or inconvenienced during the running. He was seeking a minimum fine of $450.
Mr Chmiel declined to make any specific submissions on penalty.
Reasons for Penalty:
The Committee adopted the starting point for this offence at $500. Mr Chmiel is given credit for his excellent record. Mr Chmiel chose to defend the charge but the committee does not believe that to be an aggravating factor. We take into account that two runner’s chances were affected and others were inconvenienced.
JCA Decision Fields (raw)
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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: 3f1af71b1bc457c4845568276a68c7a5
informantnumber: A6710
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: 869 (3) (b)
plea: denied
penaltyrequired: 1
decisiondate: 20/05/2015
hearing_title: Oamaru HRC 17 May 2015 - R 10
charge:
facts:
Following the running of Race 10, the Changeover Mobile Stakes an information was filed by Stipendiary Steward Mr S Renault alleging Mr T Chmiel (Parramatta) breached Rule 869 (3) (b) in that ..Mr T Chmiel (Parramatta) drove carelessly with 400m to run when shifting inwards crowding On The Town (D Dunn) with this horse locking wheels with Heretic Franco (J Dunn).
Mr Chmiel was present at the hearing and denied the charge.
Rule 869 (3) (b) provides:
(3) No horseman in any race shall drive
(b) carelessly.
Mr Quirk, with the aid of the videos, pointed out the relevant positions of each horse prior to the alleged interference. Mr Chmiel (Parramatta) had improved three wide racing into the final bend from the back straight and had crossed over to a three wide position approaching the 400m mark. On his inside was Mr D Dunn (On the Town) in the parked out position and inside him and leading was Mr J Dunn (Heretic Franco).
Mr Renault stated that when Mr Chmiel (Parramatta) reached the three wide position, he allowed his horse to shift inwards onto On The Town pushing On The Town down onto Heretic Franco. Mr D Dunn had attempted to shift his cart sideways to relieve the pressure on the inside horse but was unable to get clear. This resulted in the inside sulky wheel of On The Town and the outside sulky wheel of Heretic Franco to come together and lock. As a result both horses lost all forward momentum and retreated through the field causing considerable interference to the remainder of the field.
Mr D Dunn stated he was in the parked out position when Mr Chmiel came up quickly to his outside. He said there was pressure from the outside horse (Parramatta) and he ran out of room. He was not having difficulty with his horse and he had called out for room. He also stated the incident happened very quickly.
Mr J Dunn stated his horse had drifted outwards slightly in the back straight but was racing on a good line around the bend. He said prior to the incident he was just looking after his own horse.
Mr Chmiel, in his defence, stated that Heretic Franco had run outwards down the back straight and again on the bend. He had come round to the three wide position quickly and his horse may have ducked inwards for a stride. He stated there was no evidence to suggest he had allowed his horse to shift inwards onto On The Town.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault stated that when Mr Chmiel (Parramatta) reached the three wide position, he allowed his horse to shift inwards onto On The Town pushing On The Town down onto Heretic Franco. Mr D Dunn had attempted to shift his cart sideways to relieve the pressure on the inside horse but was unable to get clear. This resulted in the inside sulky wheel of On The Town and the outside sulky wheel of Heretic Franco to come together and lock. As a result both horses lost all forward momentum and retreated through the field causing considerable interference to the remainder of the field.
Mr D Dunn stated he was in the parked out position when Mr Chmiel came up to his outside. He said there was pressure from the outside horse (Parramatta) and he ran out of room. He was not having difficulty with his horse and he had called out for room. He also stated the incident happened very quickly.
Mr J Dunn stated his horse had drifted outwards slightly in the back straight but was racing on a good line around the bend. He said prior to the incident he was just looking after his own horse.
Mr Chmiel, in his defence, stated that Heretic Franco had run outwards down the back straight and again on the bend. He had come round to the three wide position quickly and his horse may have ducked inwards for a stride. He stated there was no evidence to suggest he had allowed his horse to shift inwards onto On The Town.
reasonsfordecision:
Mr Chmiel defended a charge of careless driving in that he allegedly allowed his horse Parramatta to shift inwards onto On The Town and Heretic Franco, with approx. 400m to run resulting in interference to both runners and losing their chances.
Mr Renault stated that it was due to Mr Chmiel’s actions, in allowing his horse to shift inwards placing pressure on the other two runners that caused the incident. He said there was no evidence, either on the video, or from both horsemen that On The Town or Heretic Franco contributed to the incident in any way.
In his defence Mr Chmiel was of the view that the leading horse Heretic Franco had run outwards down the back straight and had hung outwards on the bend. This had put pressure on On The Town on its outside. He stated his horse had ducked inwards slightly for a stride but there was no evidence to suggest he was at fault.
The committee found the back straight video replay to be the compelling point in its decision. The video shows Mr Chmiel shifting inwards with Parramatta onto On The Town. It also shows that Mr D Dunn had attempted to shift his sulky outwards to ease the pressure on the inside runner Heretic Franco. Heretic Franco was keeping a consistent line round the bend and was not shifting ground outwards. The committee also found the evidence given by both Mr D and J Dunn at the hearing was consistent with the video evidence of the incident.
The committee is satisfied that Mr Chmiel drove carelessly at the 400m mark causing interference.
Decision:
The charge is found proved.
sumissionsforpenalty:
Mr Renault stated Mr Chmiel had a clear record in respect of careless driving. He had had 308 drives this season. The Penalty Guide recommended a starting point of $500 and he submitted the committee should also take into account the severity of the incident as the majority of horses in the field were checked or inconvenienced during the running. He was seeking a minimum fine of $450.
Mr Chmiel declined to make any specific submissions on penalty.
reasonsforpenalty:
The Committee adopted the starting point for this offence at $500. Mr Chmiel is given credit for his excellent record. Mr Chmiel chose to defend the charge but the committee does not believe that to be an aggravating factor. We take into account that two runner’s chances were affected and others were inconvenienced.
penalty:
Mr Chmiel is fined $450 and reminded of his obligations under the rules of HRNZ.
hearing_type: Hearing
Rules: Careless driving
Informant: Mr SP Renault - Stipendiary Steward, Mr R Quirk - Stipendiary Steward
JockeysandTrainer: Mr T Chmiel – Senior Horseman - Parramatta
Otherperson: Mr D Dunn – Senior Horseman – On The Town, Mr J Dunn – Senior Horseman – Heretic Franco
PersonPresent:
Respondent:
StipendSteward:
raceid: 03df6d2ec71e67f46bd4f76ce71144e3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f394025c680e83efcc9209638e27011d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2015
meet_title: Oamaru HRC - 17 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: GClapp
meet_pm2: none
name: Oamaru HRC