Akaroa TC 28 March 2016 – R 5 – Chair, Mr R McKenzie
ID: JCA11798
Meet Title:
Akaroa TC - 28 March 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/03/28
Race Number:
R5
Decision:
Mr Chmiel having admitted the charge, the charge was found proved.
Penalty:
Mr Chmiel was fined the sum of $300.
Facts:
Following the running of Race 5, The Famous Grouse Hotel Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr T S Chmiel, alleging that Mr Chmiel, as the driver of MIGHTY EMPIRE in the race, “used his whip in an excessive manner over the final stages”.
Mr Chmiel was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis referred to a video replay of the final 400 metres of the race. He pointed out Mr Chmiel, driving SPOOKY, racing outside the leader, NERIDA FRANCO, as the field entered the home straight. He pointed out Mr Chmiel then activate the removable deafeners on the horse. Mr Wallis alleged that, from that point, Mr Chmiel used his whip on 22 occasions, from approximately the 300 metres. Mr Chmiel accepted that number.
Mr Chmiel described MIGHTY EMPIRE as “a big lazy mare” and he used the whip to stop her from “pulling up”, as she was inclined to do. He accepted that this did not justify overuse of the whip. The Committee noted that MIGHTY EMPIRE ran 3rd in the race.
Submissions for Penalty:
Mr Wallis referred to the Penalty Guide which suggested a starting point for a breach of the Rule of a $500 fine or a 2 days’ suspension. Mr Wallis described Mr Chmiel as a “busy driver”. He has had 198 drives to date this season and in the 2014/2015 season had a total of 352 drives. Mr Chmiel has not been charged with a whip offence in the last 12 months’ period, Mr Wallis said. Having regard to the Penalty Guide starting point, Mr Chmiel’s record and his admission of the breach, it was the submission of the Stewards that a fine of $300 was an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were two significant mitigating factors in this case – Mr Chmiel’s admission of the breach and his good record under the Rule.
Mr Chmiel was entitled to a discount from the Penalty Guide starting point for those mitigating factors. We fixed that discount at $200.
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: 26d3e601a85a0f65a4e02c8d3decb42f
informantnumber: A8069
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/03/2016
hearing_title: Akaroa TC 28 March 2016 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, The Famous Grouse Hotel Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Open Driver, Mr T S Chmiel, alleging that Mr Chmiel, as the driver of MIGHTY EMPIRE in the race, “used his whip in an excessive manner over the final stages”.
Mr Chmiel was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Wallis referred to a video replay of the final 400 metres of the race. He pointed out Mr Chmiel, driving SPOOKY, racing outside the leader, NERIDA FRANCO, as the field entered the home straight. He pointed out Mr Chmiel then activate the removable deafeners on the horse. Mr Wallis alleged that, from that point, Mr Chmiel used his whip on 22 occasions, from approximately the 300 metres. Mr Chmiel accepted that number.
Mr Chmiel described MIGHTY EMPIRE as “a big lazy mare” and he used the whip to stop her from “pulling up”, as she was inclined to do. He accepted that this did not justify overuse of the whip. The Committee noted that MIGHTY EMPIRE ran 3rd in the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Chmiel having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Wallis referred to the Penalty Guide which suggested a starting point for a breach of the Rule of a $500 fine or a 2 days’ suspension. Mr Wallis described Mr Chmiel as a “busy driver”. He has had 198 drives to date this season and in the 2014/2015 season had a total of 352 drives. Mr Chmiel has not been charged with a whip offence in the last 12 months’ period, Mr Wallis said. Having regard to the Penalty Guide starting point, Mr Chmiel’s record and his admission of the breach, it was the submission of the Stewards that a fine of $300 was an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were two significant mitigating factors in this case – Mr Chmiel’s admission of the breach and his good record under the Rule.
Mr Chmiel was entitled to a discount from the Penalty Guide starting point for those mitigating factors. We fixed that discount at $200.
penalty:
Mr Chmiel was fined the sum of $300.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer: T S Chmiel, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bf778238b61fbe91768dab1959d267ce
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 66b0ce2ba98b33c8656416842aedf0ed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/03/2016
meet_title: Akaroa TC - 28 March 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Akaroa TC