Banks Peninsula TC 2 October 2016 – R 9 (heard Timaru on 9 October 2016) – Chair, Mr S Ching

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hearing_racingtype: harness-racing

startdate: 02/10/2016

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hearing_title: Banks Peninsula TC 2 October 2016 - R 9 (heard Timaru on 9 October 2016) - Chair, Mr S Ching

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S Renault-Stipendiary Steward

Respondent: T Chmiel - Open Horseman

Information Number: A8363

Meeting: Banks Peninsula Trotting Club

Date: 2 October 2016 (heard at Timaru on Sunday, 9 October 2016)

Venue: Motukarara

Rule: 869(2)(a)

Race: 9

Judicial Committee:  S Ching, Chairman - R McKenzie, Committee Member

Plea: Admitted

Charge: Breach of Rule 869(2)(a) - excessive use of the whip

Evidence:
This adjourned hearing was heard at the Timaru Harness Racing Club meeting on Sunday 9 October 2016.

Following the running of Race 9, the Nicks Pet Food Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Open Horseman, Mr T Chmiel, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner in the home straight.

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.”

Submissions for Decision:
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted. He had also informed the Stewards that he did not wish to be present at the hearing.

Mr Renault gave evidence and used video coverage to show that Mr Chmiel, driving MIGHTY EMPIRE, was racing in the lead as the field turned for home at the 400m and near the 300m he drew the whip and used it on 21 occasions in the run home. Mr Renault stated that whilst there were pauses in Mr Chmiel’s whip use it was the sheer number of strikes that was deemed excessive in this case.

Reasons for Decision:
As Mr Chmiel had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:
The charge was found to be proved.

Submissions on Penalty:
In relation to penalty Mr Renault stated that Mr Chmiel had admitted the breach at the first opportunity and that he had a previous breach of this rule on 28 March 2016 where he was fined $300. As this breach was outside the 6 month reset period his record could be described as clear.  He said Mr Chmiel’s driving statistics showed he drove on 275 occasions last season with 43 drives so far this season.

Mr Renault said Mr Chmiel had submitted to the Stewards that a suspension was preferred as penalty in this case and that he did not seek a deferment of penalty. Mr Renault stated that the JCA Penalty Guideline for a breach of this Rule was a fine of $500 or a 2-day suspension for an initial breach of this rule. He stated that the Stewards did not object to a suspension as penalty in this case and submitted that a 2-day suspension be considered as penalty.

Reasons for Penalty:
In determining penalty, we considered the starting point of a $500 fine or a 2-day suspension for an initial breach of this rule. Taking into consideration the submissions by Mr Chmiel and the Stewards, we determined that a suspension was an appropriate penalty in this case. We also saw no reason to adjust the starting point of a 2-day suspension and determined that an appropriate length of penalty in this case was a 2-day suspension.

Penalty:

Accordingly, Mr Chmiel’s Horseman’s Licence was suspended from the conclusion of racing today, 9 October 2016, up to and including 16 October 2016. This suspension encompasses the meetings at Addington on 14 October and Methven on 16 October 2016.

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hearing_type: Old Hearing

Rules: 869(20(a)

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