Marlborough HRC 22 January 2017 – R 3 – Chair, Mr S Ching
ID: JCA16061
Meet Title:
Marlborough HRC - 22 January 2017
Meet Chair:
SChing
Meet Committee Member 1:
PWilliams
Race Date:
2017/01/22
Race Number:
R3
Decision:
As Mr Chmiel had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Chmiel is suspended from the conclusion of racing today 22 January up to and including 29 January 2017. This period of suspension encompasses the meetings at Addington on 27 January and Banks Peninsula on 29 January 2017.
Facts:
Following the running of Race 3, the Wine Works Marlborough Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr T Chmiel, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m when driving TITANIUM.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Chmiel had endorsed the Information that this breach of the Rules was admitted. Mr Chmiel had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.
Mr Ydgren gave evidence and showed video replays with the assistance of Stipendiary Steward, Mr R Quirk, of the final 400m of the race. He pointed out Mr Chmiel driving TITANIUM, entering the home straight in the lead position and on the pylons. Mr Ydgren stated that after turning for home, inside the 400m, Mr Chmiel used his whip, free of the rein and in a forehand manner, on 12 occasions over the final stages. Mr Ydgren stated that Mr Chmiel did not dispute the number of strikes. He also said that the level of the breach was low.
Submissions for Penalty:
Mr Ydgren stated that Mr Chmiel had a clear record in regard to this rule and had readily admitted the breach at the first opportunity. Mr Ydgren said that the JCA starting point for a breach of this rule was a fine of $ 500 or a 2-day suspension. Mr Ydgren said that Mr Chmiel had requested that a submission be made to the Committee that a suspension be considered as penalty. Mr Ydgren stated that the Stewards had no objection to a suspension in this case and submitted that after taking all factors into consideration a 2-day suspension be considered as penalty. He also said that Mr Chmiel, on average, drove on 3 to 4 occasions per meeting.
Reasons for Penalty:
The JCA Penalty Guide recommends a $500 fine or a 2-day suspension as a starting point for a breach of this Rule. After considering submissions in regard to penalty, the Committee determined that a suspension was an appropriate penalty in this case. In adopting the starting point of a 2-day suspension the Committee determined that there were no aggravating factors in this case that would command an uplift in penalty. As Mr Chmiel only drove on average on 3 to 4 occasions at each meeting, the Committee determined that a 2-day suspension was an appropriate and meaningful penalty 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: b64ae6634e63516c3ac1fc2ecc460bb1
informantnumber: A8901
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 23/01/2017
hearing_title: Marlborough HRC 22 January 2017 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Wine Works Marlborough Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr T Chmiel, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m when driving TITANIUM.
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.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Mr Chmiel had endorsed the Information that this breach of the Rules was admitted. Mr Chmiel had also informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.
Mr Ydgren gave evidence and showed video replays with the assistance of Stipendiary Steward, Mr R Quirk, of the final 400m of the race. He pointed out Mr Chmiel driving TITANIUM, entering the home straight in the lead position and on the pylons. Mr Ydgren stated that after turning for home, inside the 400m, Mr Chmiel used his whip, free of the rein and in a forehand manner, on 12 occasions over the final stages. Mr Ydgren stated that Mr Chmiel did not dispute the number of strikes. He also said that the level of the breach was low.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chmiel had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren stated that Mr Chmiel had a clear record in regard to this rule and had readily admitted the breach at the first opportunity. Mr Ydgren said that the JCA starting point for a breach of this rule was a fine of $ 500 or a 2-day suspension. Mr Ydgren said that Mr Chmiel had requested that a submission be made to the Committee that a suspension be considered as penalty. Mr Ydgren stated that the Stewards had no objection to a suspension in this case and submitted that after taking all factors into consideration a 2-day suspension be considered as penalty. He also said that Mr Chmiel, on average, drove on 3 to 4 occasions per meeting.
reasonsforpenalty:
The JCA Penalty Guide recommends a $500 fine or a 2-day suspension as a starting point for a breach of this Rule. After considering submissions in regard to penalty, the Committee determined that a suspension was an appropriate penalty in this case. In adopting the starting point of a 2-day suspension the Committee determined that there were no aggravating factors in this case that would command an uplift in penalty. As Mr Chmiel only drove on average on 3 to 4 occasions at each meeting, the Committee determined that a 2-day suspension was an appropriate and meaningful penalty in this case.
penalty:
Accordingly, Mr Chmiel is suspended from the conclusion of racing today 22 January up to and including 29 January 2017. This period of suspension encompasses the meetings at Addington on 27 January and Banks Peninsula on 29 January 2017.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cd39cc9c81b46b9232936237e0a581e1
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: c056257898f1dfbf790f2f786c213503
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/01/2017
meet_title: Marlborough HRC - 22 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC