Forbury Park TC 5 March 2020 – R 6 – Chair, Prof G Hall
ID: JCA14406
Meet Title:
Forbury Park TC - 5 March 2020
Meet Chair:
GHall
Race Date:
2020/03/05
Race Number:
R 6
Decision:
Mr Chmiel has admitted the breach. The breach is proved.
Penalty:
Mr Chmiel is suspended from driving from the end of racing on 8 March up to and including 12 March and is fined the sum of $200.
Facts:
Following the running of Race 6 an information was filed by Mr McIntyre, alleging that Mr Chmiel, the driver of PRESS PLAY failed to maintain a straight course in the home straight, inconveniencing trailing runners.
Rule 869 provides as follows:
(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Mr McIntyre demonstrated on the race films that at the apex of the bend the respondent was laying in and at the top of the straight Mr Orange, driving ALL MONEY, was forced into the passing lane. As a consequence, Mr Williamson (THE CONQUEROR), who was entitled to the passing lane run, was starved of that run. Later in the home straight Mr Chmiel again shifted inwards and placed ALL MONEY in restricted room. He said Mr Chmiel had failed to take all steps to maintain a straight course in the home straight, causing interference.
Mr Chmiel accepted he had shifted in. He said PRESS PLAY was lugging in and had a pole on its inside. He said he had pulled his horse out as soon as became aware he was shifting ground. He did not believe he had pushed Mr Orange down. He thought with respect to the later incident, especially, that his horse had just run down following Mr Orange.
Submissions for Penalty:
Mr McIntyre produced Mr Chmiel’s record. He has had 151 drives this season and was suspended for 2 days under this rule on 22 February at Ashburton. Prior to that, his record was clear. Mr McIntyre submitted a 3 or 4 days’ suspension was appropriate.
Mr Chmiel emphasised that his record had been good prior to Ashburton. He submitted a fine should be imposed and, if not, that a combination of a suspension and a fine was appropriate.
Reasons for Penalty:
The breach is low to mid-range. PRESS PLAY has lain inwards near the 250 metres dictating ALL MONEY into the passing lane. As a consequence, THE CONQUEROR was denied the opportunity to utilise the passing lane. However, Mr Williamson has stated that he was not denied a better finishing position by being blocked for the passing lane run. The respondent also shifted inwards near the 75 metres, and in so doing, again placed ALL MONEY in restricted room.
The Penalty Guide provides a penalty of a fine of $300 or 6 drives for a first breach of this rule. There is no penalty provided for a repeat breach. In these circumstances of this case, a starting point of double that for a first breach is appropriate. After a 2-drive discount for admission of the breach, this leaves 10 drives. Mr Chmiel has on average 3 or 4 drives per meeting and as the 2 days will be at Palmerston North where he is likely to have less drives, penalty is calculated on the basis that he would have had 3 drives each day. A fine is substituted for a third day on the basis provided in the Penalty Guide of $50 per drive.
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: 7eee3935af8e17eae375f03cc7e8f3c9
informantnumber: A12876
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interfering with progress
plea: admitted
penaltyrequired: 1
decisiondate: 09/03/2020
hearing_title: Forbury Park TC 5 March 2020 - R 6 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 6 an information was filed by Mr McIntyre, alleging that Mr Chmiel, the driver of PRESS PLAY failed to maintain a straight course in the home straight, inconveniencing trailing runners.
Rule 869 provides as follows:
(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Mr McIntyre demonstrated on the race films that at the apex of the bend the respondent was laying in and at the top of the straight Mr Orange, driving ALL MONEY, was forced into the passing lane. As a consequence, Mr Williamson (THE CONQUEROR), who was entitled to the passing lane run, was starved of that run. Later in the home straight Mr Chmiel again shifted inwards and placed ALL MONEY in restricted room. He said Mr Chmiel had failed to take all steps to maintain a straight course in the home straight, causing interference.
Mr Chmiel accepted he had shifted in. He said PRESS PLAY was lugging in and had a pole on its inside. He said he had pulled his horse out as soon as became aware he was shifting ground. He did not believe he had pushed Mr Orange down. He thought with respect to the later incident, especially, that his horse had just run down following Mr Orange.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Chmiel has admitted the breach. The breach is proved.
sumissionsforpenalty:
Mr McIntyre produced Mr Chmiel’s record. He has had 151 drives this season and was suspended for 2 days under this rule on 22 February at Ashburton. Prior to that, his record was clear. Mr McIntyre submitted a 3 or 4 days’ suspension was appropriate.
Mr Chmiel emphasised that his record had been good prior to Ashburton. He submitted a fine should be imposed and, if not, that a combination of a suspension and a fine was appropriate.
reasonsforpenalty:
The breach is low to mid-range. PRESS PLAY has lain inwards near the 250 metres dictating ALL MONEY into the passing lane. As a consequence, THE CONQUEROR was denied the opportunity to utilise the passing lane. However, Mr Williamson has stated that he was not denied a better finishing position by being blocked for the passing lane run. The respondent also shifted inwards near the 75 metres, and in so doing, again placed ALL MONEY in restricted room.
The Penalty Guide provides a penalty of a fine of $300 or 6 drives for a first breach of this rule. There is no penalty provided for a repeat breach. In these circumstances of this case, a starting point of double that for a first breach is appropriate. After a 2-drive discount for admission of the breach, this leaves 10 drives. Mr Chmiel has on average 3 or 4 drives per meeting and as the 2 days will be at Palmerston North where he is likely to have less drives, penalty is calculated on the basis that he would have had 3 drives each day. A fine is substituted for a third day on the basis provided in the Penalty Guide of $50 per drive.
penalty:
Mr Chmiel is suspended from driving from the end of racing on 8 March up to and including 12 March and is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr N McIntyre - General Manager of Stewards
JockeysandTrainer: Mr T Chmiel - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2c5259a27bf13485830893d752965dfc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 906fad7798a85af77dd2faac333189a9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/03/2020
meet_title: Forbury Park TC - 5 March 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC