Ashburton TC 4 May 2014 – R 9
ID: JCA16233
Meet Title:
Ashburton TC - 4 May 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/05/04
Race Number:
R9
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 was fined the sum of $250.
Facts:
Following the running of Race 5, the Murray Smith Aluminium Mares Mobile Pace, an Information was filed by 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 unnecessary manner after the winning post.
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 endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Chmiel also confirmed he understood the rule he was being charged with.
Mr Ydgren gave evidence and showed video replays of the incident which showed Mr Chmiel strike LITTLE TESS, who ran 4th in the race, once on the rear quarters shortly after the winning post. Mr Ydgren submitted that the strike could be described as mid strength in force.
Mr Chmiel stated that LITTLE TESS had tried to pull up quickly after the line and he was only trying to keep the horse going to teach it not to pull up so quickly in future. He also stated that he only hit the shaft of the sulky not the horse. The video replays of the strike were inconclusive as to whether the strike was on the horse or shaft of the sulky.
Submissions for Penalty:
Mr Ydgren stated that Mr Chmiel had a previous breach under this Rule on 15 February 2014 where he was fined $250 for a similar incident by striking a horse after the winning post. Mr Ydgren stated that that incident was on Trackside television and more serious whereas this incident was not aired. He also stated that Mr Chmiel was a very busy driver, was remorseful of his actions and had admitted the breach at the first opportunity. Mr Ydgren said the JCA Penalty Guide recommends a starting point of $500 for a second breach of this rule, having regard to the number of drives, within a 12 months period and submitted that he would leave it up to the Committee as to the level of fine in this case.
Mr Chmiel submitted that a minimal fine be imposed as he was only trying to teach the horse how to race and that he only struck the sulky not the horse.
Reasons for Penalty:
In determining penalty we took the JCA Penalty Guide recommendation of $500, having regard to the number of drives, for a breach of this Rule, as a starting point. We were able to give Mr Chmiel credit for his frank admission of the breach and his genuine remorse for the incident for which we were able to give him a discount of $150. In taking the number of drives into account and the level of the breach we assessed as low to mid-range we were able to give Mr Chmiel a further discount of $100. We therefore determined that an appropriate penalty on this occasion was a fine of $250.
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: cdd0a94316c0f05bc5adaf6361fb6e89
informantnumber: A 6139
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unnecessary use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: Ashburton TC 4 May 2014 - R 9
charge:
facts:
Following the running of Race 5, the Murray Smith Aluminium Mares Mobile Pace, an Information was filed by 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 unnecessary manner after the winning post.
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 endorsed the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Chmiel also confirmed he understood the rule he was being charged with.
Mr Ydgren gave evidence and showed video replays of the incident which showed Mr Chmiel strike LITTLE TESS, who ran 4th in the race, once on the rear quarters shortly after the winning post. Mr Ydgren submitted that the strike could be described as mid strength in force.
Mr Chmiel stated that LITTLE TESS had tried to pull up quickly after the line and he was only trying to keep the horse going to teach it not to pull up so quickly in future. He also stated that he only hit the shaft of the sulky not the horse. The video replays of the strike were inconclusive as to whether the strike was on the horse or shaft of the sulky.
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 previous breach under this Rule on 15 February 2014 where he was fined $250 for a similar incident by striking a horse after the winning post. Mr Ydgren stated that that incident was on Trackside television and more serious whereas this incident was not aired. He also stated that Mr Chmiel was a very busy driver, was remorseful of his actions and had admitted the breach at the first opportunity. Mr Ydgren said the JCA Penalty Guide recommends a starting point of $500 for a second breach of this rule, having regard to the number of drives, within a 12 months period and submitted that he would leave it up to the Committee as to the level of fine in this case.
Mr Chmiel submitted that a minimal fine be imposed as he was only trying to teach the horse how to race and that he only struck the sulky not the horse.
reasonsforpenalty:
In determining penalty we took the JCA Penalty Guide recommendation of $500, having regard to the number of drives, for a breach of this Rule, as a starting point. We were able to give Mr Chmiel credit for his frank admission of the breach and his genuine remorse for the incident for which we were able to give him a discount of $150. In taking the number of drives into account and the level of the breach we assessed as low to mid-range we were able to give Mr Chmiel a further discount of $100. We therefore determined that an appropriate penalty on this occasion was a fine of $250.
penalty:
Accordingly Mr Chmiel was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: T Chmiel-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 33f82f28ca982bfded108f7f1f68f05b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f1d9e57ca0b4abbe9fa99b613de903e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/05/2014
meet_title: Ashburton TC - 4 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Ashburton TC