Banks Peninsula TC 15 April 2012 – R 2
ID: JCA15716
Meet Title:
Banks Peninsula TC - 15 April 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/04/15
Race Number:
R 2
Decision:
As Mr Chmiel had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Chmiel was fined the sum of $250-00.
Charge:
Alleged excessive use of the whip.
Facts:
Following the running of Race 2, the Lone Star Riccarton Trot, an Information was filed by Stipendiary Steward Mr S P Renault, against Open Horseman, Mr TS Chmiel alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that Mr Chmiel used his whip excessively over the concluding stages while driving “Suzannah”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Chmiel also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that Mr Chmiel had used his whip on approximately 22 occasions in the run home, and said that this was “too much”.
Mr Chmiel said that it was a tight finish (he finished 3rd, a ½ length and a ½ head from the winner) and that he was trying to get the best out of his horse.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Chmiel had had 464 drives last season and 297 so far this season. He had admitted this breach, but had previously breached this Rule on 19 November 2011 when he was fine $200-00. Mr Renault referred to the Penalty Guide which, for a second breach within 12 months, recommends a starting point of 10 drives or a fine of $500-00, but also says that regard should be given to the number of drives the Respondent has.
Mr Renault submitted that a fine of $250-00 should be imposed for this breach.
Mr Chmiel had no relevant submission to make with regard to penalty.
Reasons for Penalty:
We took into account Mr Chmiel’s admission of this breach. We also took into account that this is his second breach in the last 5 months, but that this should be balanced against the fact that Mr Chmiel is a busy driver.
Taking all these matters into account we decided that fine of $250-00 would be imposed in this case.
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: c77590bb7331c4f53f690e071cc664da
informantnumber: A5091
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2012
hearing_title: Banks Peninsula TC 15 April 2012 - R 2
charge:
Alleged excessive use of the whip.
facts:
Following the running of Race 2, the Lone Star Riccarton Trot, an Information was filed by Stipendiary Steward Mr S P Renault, against Open Horseman, Mr TS Chmiel alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that Mr Chmiel used his whip excessively over the concluding stages while driving “Suzannah”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Chmiel also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that Mr Chmiel had used his whip on approximately 22 occasions in the run home, and said that this was “too much”.
Mr Chmiel said that it was a tight finish (he finished 3rd, a ½ length and a ½ head from the winner) and that he was trying to get the best out of his horse.
reasonsfordecision:
Decision:
As Mr Chmiel had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Chmiel had had 464 drives last season and 297 so far this season. He had admitted this breach, but had previously breached this Rule on 19 November 2011 when he was fine $200-00. Mr Renault referred to the Penalty Guide which, for a second breach within 12 months, recommends a starting point of 10 drives or a fine of $500-00, but also says that regard should be given to the number of drives the Respondent has.
Mr Renault submitted that a fine of $250-00 should be imposed for this breach.
Mr Chmiel had no relevant submission to make with regard to penalty.
reasonsforpenalty:
We took into account Mr Chmiel’s admission of this breach. We also took into account that this is his second breach in the last 5 months, but that this should be balanced against the fact that Mr Chmiel is a busy driver.
Taking all these matters into account we decided that fine of $250-00 would be imposed in this case.
penalty:
Mr Chmiel was fined the sum of $250-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr TS Chmiel - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5d778f438181aa62032e640026463086
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a6eca4c1a1c6e7978b524809f60c4d14
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2012
meet_title: Banks Peninsula TC - 15 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC