Waikato BOP HI 2 June 2018 – R 3 – Chair, Mr B Scott
ID: JCA13005
Meet Title:
Harness Racing Waikato - 2 June 2018
Meet Chair:
BScott
Meet Committee Member 1:
GHall
Meet Committee Member 2:
NMcCutcheon
Race Date:
2018/06/02
Race Number:
R3
Decision:
The breach is admitted and the charge is therefore upheld.
Penalty:
The Committee orders that Mr Chmiel's Horseman's Licence be suspended from the conclusion of racing on the 4th of June 2018 up to the conclusion of racing on the 14th of June 2018 . That is 3 driving days.
Facts:
Following the running of the BROGDEN HORSE TRANSPORT 3YO DIAMOND, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr T Chmiel alleging that Mr Chmiel when driving DIBABA failed to maintain his barrier position on the mobile until dispatch.
Rule 867(7)(g) provides : no horseman shall fail to come up into and/or maintain his position.
Mr Chmiel admitted the breach and noted on the Information that he did not wish to be present at the hearing.
Mr Ydgren demonstrated the incident by use of the race films and showed where Mr Chmiel had drawn 6 and was up behind the barrier initially but allowed his horse to drift and that it was not up in position at the start. He said that Mr Chmiel told him that DIBABA had skipped for a stride and this was the cause of him being back at the start.
Submissions for Penalty:
Mr Ydgren advised the Committee that Mr Chmiel had been charged with the same offence on the 13th of May 2018 . He said that the incident looked intentional and he did not believe that Mr Chmiel's horse was giving him any difficulty.
Mr Ydgren submitted that a suspension of Mr Chmiel's Licence for 2 days would be appropriate.
Reasons for Penalty:
The Committee reviewed the race films and the submissions made. In the Committee's view Mr Chmiel's horse was not giving him any difficulties at all and his actions in allowing his horse to drift off the Mobile Barrier at the start were intentional.
Mr Chmiel has admitted the breach but that is inevitable considering the compelling video evidence. Mr Chmiel has a recent breach of this rule and it is disappointing to see that he has breached it again in such a short space of time. This warrants an uplift in any penalty.
The JCA Guidelines provide that this would normally be dealt with as a Minor Infringement but this is a Group 1 Race on a Group 1 day and Mr Chmiel has a previous breach of this Rule. The Committee believes that a 3 day suspension of Mr Chmiel's Licence is appropriate.
In assessing the suspension the Committee notes that drivers have been declared for the Ashburton meeting on the 3rd of June and the Invercargill meeting on the 4th of June so any suspension should commence after that.
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: 355d7492fb85a5223021473bd473d787
informantnumber: A10563
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to maintain barrier position
plea: admitted
penaltyrequired: 1
decisiondate: 04/06/2018
hearing_title: Waikato BOP HI 2 June 2018 - R 3 - Chair, Mr B Scott
charge:
facts:
Following the running of the BROGDEN HORSE TRANSPORT 3YO DIAMOND, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr T Chmiel alleging that Mr Chmiel when driving DIBABA failed to maintain his barrier position on the mobile until dispatch.
Rule 867(7)(g) provides : no horseman shall fail to come up into and/or maintain his position.
Mr Chmiel admitted the breach and noted on the Information that he did not wish to be present at the hearing.
Mr Ydgren demonstrated the incident by use of the race films and showed where Mr Chmiel had drawn 6 and was up behind the barrier initially but allowed his horse to drift and that it was not up in position at the start. He said that Mr Chmiel told him that DIBABA had skipped for a stride and this was the cause of him being back at the start.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and the charge is therefore upheld.
sumissionsforpenalty:
Mr Ydgren advised the Committee that Mr Chmiel had been charged with the same offence on the 13th of May 2018 . He said that the incident looked intentional and he did not believe that Mr Chmiel's horse was giving him any difficulty.
Mr Ydgren submitted that a suspension of Mr Chmiel's Licence for 2 days would be appropriate.
reasonsforpenalty:
The Committee reviewed the race films and the submissions made. In the Committee's view Mr Chmiel's horse was not giving him any difficulties at all and his actions in allowing his horse to drift off the Mobile Barrier at the start were intentional.
Mr Chmiel has admitted the breach but that is inevitable considering the compelling video evidence. Mr Chmiel has a recent breach of this rule and it is disappointing to see that he has breached it again in such a short space of time. This warrants an uplift in any penalty.
The JCA Guidelines provide that this would normally be dealt with as a Minor Infringement but this is a Group 1 Race on a Group 1 day and Mr Chmiel has a previous breach of this Rule. The Committee believes that a 3 day suspension of Mr Chmiel's Licence is appropriate.
In assessing the suspension the Committee notes that drivers have been declared for the Ashburton meeting on the 3rd of June and the Invercargill meeting on the 4th of June so any suspension should commence after that.
penalty:
The Committee orders that Mr Chmiel's Horseman's Licence be suspended from the conclusion of racing on the 4th of June 2018 up to the conclusion of racing on the 14th of June 2018 . That is 3 driving days.
hearing_type: Hearing
Rules: Rule 857(7)(g)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9981d4a0f3861225ca7f42d6de975259
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bceab936dcc310600f6aa604a55cb503
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/06/2018
meet_title: Harness Racing Waikato - 2 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GHall
meet_pm2: NMcCutcheon
name: Harness Racing Waikato