Westport TC – 28 December 2007 – Race 7

hearingid: 183d965535f9ec56bf234ea48722fd33

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 28/12/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Westport TC - 28 December 2007 - Race 7

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Informations 66969 and 66917, alleging a breach of Rule 869(4), stem from the running of race 7 on the programme

Informations 66969 and 66917, alleging a breach of Rule 869(4), stem from the running of race 7 on the programme and allege the following:-

1. That Mr M Pash (Belles Babe) drove in a manner likely to cause interference when allowing Belles Babe to move in and tighten Vicky’s Gem (M Jones) over the concluding stages, and

2. That Mr T Chmiel (Silver Jazz) drove in a manner likely to cause interference when shifting Vicky’s Gem (M Jones) wider in the run home causing it to break over the concluding stages

Both Mr Pash and Mr Chmiel admitted the breach and elected not to be present and, in each case, attested to such by endorsing the Information.

Explaining the circumstances, Mr Escott said that Mr Pash and Mr Chmiel, along with Mr Jones, were spoken to following an alleged incident during the run home in race 7 which resulted in first placing (Belles Babe - M Pash) being held up.

He said that, after speaking with Mr Jones, who said his horse was only battling at the time, the protest was withdrawn but the stipendiary stewards, after viewing the re-play, have brought the matter to the Committee with a recommendation that a warning be issued to both drivers.

Mr Escott then referred to the video to demonstrate the incident. It showed, in the run home, Mr Chmiel (Silver Jazz) on the inside of Mr Jones (Vicky’s Gem) move out slightly, and Mr Pash (Belles Babe), once past Mr Jones on the outside, move in and make contact with Mr Jones’ horse’s leg. Whilst that horse was battling at the time, Mr Escott considered this action, together with the outward pressure from Mr Chmiel, contributed to causing Mr Jones’ horse to break.

To the Committee, Mr Escott agreed that, had the evidence of Mr Jones been otherwise, it was likely that different recommendations would have been made regarding penalty, being either suspensions or fines. He said he had taken this option given that Judicial Committees do not recognise stipendiary steward warnings and, in such cases, such warnings would be officially notified on the driver‘s record.

These Informations follow the running of race 7, and were laid against drivers, Messrs T Chmiel and M Pash, under Rule 869(4). The circumstances in relation to the manner of driving were explained and shown in the film of the incident.

In this case, and having admitted the breach, neither driver is present and the Chief Stipendiary Steward has recommended a warning in each case.

The video showed there was movement from Mr Chmiel outwards and Mr Pash inwards, and the recommendation of a warning from the Chief Stipendiary steward is probably due to three things: -

(i) Mr Pash’s movement on the track, whilst it may have been considered significant, was relatively minor, and

(ii) it was combined with the slight outward movement from Mr Chmiel, and

(iii) the fact that Mr Jones horse was just battling.

These combined circumstances probably necessitated and then instigated the warning and, in the circumstances (by choosing to do so by the filing of an Information), I am satisfied that that action is not inappropriate.

In this case, drivers M Pash and T Chmiel are officially warned on their manner of driving, the charge relating to their driving in a manner likely to cause interference on Belles Babe and Silver Jazz, respectively.

P H Welch

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.4

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 22ea9aa35e01d828eb5e996c3a12942e

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 7

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: ffb94b909cc1269effbaf156ee311760

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 28/12/2007

meet_title: Westport TC - 28 December 2007

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: westport-tc

meet_racingtype: harness-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Westport TC