Forbury Park TC 20 November 2014 – R 6 (heard on 22 November 2014 at Timaru)

hearingid: 292ec534dffcff0d96bf2bf2ba78bbcf

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 20/11/2014

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Forbury Park TC 20 November 2014 - R 6 (heard on 22 November 2014 at Timaru)

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren – Stipendiary Steward

Respondent: Mr T Chmiel – Driver of FRANCO REVEL

Information No: A6174

Meeting: Forbury Park Trotting Club

Date: 20 November 2014 (heard at Timaru on Saturday, 22 November 2014)

Venue: Forbury Park

Rule No: 869(3)(f)

Race: 6

Judicial Committee: G Hall, Chairman – P Knowles, Committee Member

Plea: Admitted

Charge

Mr Chmiel admitted a breach of r 869(3)(f) in that in race 6, the Ricoh Mobile Pace, at Forbury Park on 20 November last, he drove improperly.

Mr Ydgren demonstrated on the videos that on entering the home straight with a lap to run the respondent dropped his foot from the rest and held his leg out straight parallel with the ground. He alleged that Mr Chmiel had done this deliberately and that contact was made with a hoof of FRANCO REVEL on 4 or 5 occasions.

Mr Chmiel acknowledged that he had dropped his foot and that it had come into contact with a hoof of FRANCO REVEL. He said he was trying to wake the horse up. He added he had adopted this practice “at home” and that he was not aware it was against the Rules.

Decision

As Mr Chmiel has admitted the breach we find the charge proved.

The factual basis for the imposition of penalty is that on entering the home straight with a lap to race Mr Chmiel deliberately dropped his foot from the rest and held his leg out rigidly in front of him, effectively using his foot as a bar. Mr Chmiel did not kick the leg of FRANCO REVEL but a hoof of that horse came into contact with the sole of Mr Chmiel’s boot on 4 or 5 occasions. Mr Chmiel has told the Committee that he had done this at home and his purpose was to focus the horse on the task at hand. Unfortunately on this occasion this did not have the desired effect and FRANCO REVEL finished last.

Mr Chmiel has said that he was not aware that he was not permitted to use his foot in this fashion, which we find surprising, considering he is a very experienced horseman.

Submission on Penalty

Mr Ydgren has described the breach as at the low end of the spectrum, which we agree is an accurate description of this particular breach of this rule, which can encompass a very wide range of driving behaviours. For this reason the 20 drive or $1000 starting point in the Penalty Guide has to be treated with some caution.

Mr Chmiel referred to the starting point as being very severe considering the nature of his actions on this occasion, which he now recognised were ill-advised.

Reasons for Penalty

We believe the low end nature of the breach is appropriately met by our taking an adjusted starting point of $500 or 10 drives. In so doing, we have had regard to the fact Mr Chmiel’s actions were deliberate. We also recognise there was the possibility of FRANCO REVEL going into a break as a reaction to the contact with the respondent’s boot.

Mr Chmiel has admitted the breach. He has an excellent driving record and has no previous breaches of this rule.

Penalty

Having regard to the mitigating factors, we impose a suspension of one day and a fine of $100. Mr Chmiel is also reminded of his obligations under the Rules of Harness Racing. Mr Chmiel is suspended from the end of racing on 23 November up to and including 28 November.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869(3)(f)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: