Ashburton TC – 25 October 2010 – R 5
ID: JCA19661
Hearing Type (Code):
harness-racing
Meet Title:
Ashburton TC - 25 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/25
Race Number:
R 5
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant: T S Chmiel, Licensed Open Driver
--Information No: 68787
--Meeting: Ashburton Trotting Club
--Date: 25 October 2010
--Venue: Ashburton Raceway
--Race: 5
--Rule No: 869 (6) (b) & (c)
--Judicial Committee: R G McKenzie, Chairman – J M Phelan, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 5, Zilco (NZ) Limited/Morrison’s Saddlery Mobile Pace, Information No.68787 was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr T S Chmiel, alleging a breach of Rule 869 (6) (b) & (c) in that Mr Chmiel, as the driver of FRANCO QUARRY in the race, shifted that runner outwards with approximately 1800 metres remaining causing the improving CAESAR’S BRACELET wider on the track.
----
Mr Chmiel had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
----
Rule 869 provides as follows:
--(6) Subject to sub-rule (4) hereof:-
--(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
--(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
----
SUBMISSION(S):
--Mr N M Ydgren, Stipendiary Steward, showed video replays of the incident with approximately 1800 metres to race. He pointed out FRANCO QUARRY, driven by Mr Chmiel, racing in the trail. Mr J R Dunn, driving PASHANA, was racing 3-back following Mr Chmiel. At that point, Mr Dunn pulled out as Mr Orange on CAESAR’S BRACELET improved in the one-out line. Mr Dunn had gone past Mr Chmiel as Mr Orange quickly made ground outside Mr Chmiel. Mr Orange was outside Mr Chmiel’s wheel as Mr Chmiel progressed outwards, leaving Mr Orange to race 3-wide. There was not room for Mr Chmiel to get out without forcing Mr Orange wide, Mr Ydgren said. While Mr Orange could have restrained onto the back of Mr Chmiel, he had no obligation to do so.
----
REASONS:
--The Committee was satisfied, from having viewed the video replays, that Mr Chmiel had moved ground outwards when Mr Orange’s horse was coming forward and its nose was in line with or past his sulky wheel. Mr Orange was forced to race wider on the track. The Committee noted that Mr Chmiel had admitted the breach.
----
DECISION:
--The charge was found proved.
----
SUBMISSION(S) ON PENALTY:
--Mr Ydgren informed the Committee that Mr Chmiel had a clear record as far as breaches of the Rule were concerned. He also submitted the Committee should take into account Mr Chmiel’s admission of the breach. He submitted that an appropriate penalty was a fine of $200.
----
REASONS FOR PENALTY:
--In determining penalty, the Committee took into account the matters referred to by Mr Ydgren – that is to say, Mr Chmiel’s admission of the breach and his good record. The Committee noted that the Penalty Guide recommended a fine of $250 for a breach of the Rule. Mr Chmiel was entitled to credit for his admission and good record.
----
PENALTY:
--Mr Chmiel was fined the sum of $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: 541088cde8bd027e46aae65037759ab5
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Ashburton TC - 25 October 2010 - R 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant: T S Chmiel, Licensed Open Driver
--Information No: 68787
--Meeting: Ashburton Trotting Club
--Date: 25 October 2010
--Venue: Ashburton Raceway
--Race: 5
--Rule No: 869 (6) (b) & (c)
--Judicial Committee: R G McKenzie, Chairman – J M Phelan, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 5, Zilco (NZ) Limited/Morrison’s Saddlery Mobile Pace, Information No.68787 was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr T S Chmiel, alleging a breach of Rule 869 (6) (b) & (c) in that Mr Chmiel, as the driver of FRANCO QUARRY in the race, shifted that runner outwards with approximately 1800 metres remaining causing the improving CAESAR’S BRACELET wider on the track.
----
Mr Chmiel had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
----
Rule 869 provides as follows:
--(6) Subject to sub-rule (4) hereof:-
--(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
--(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
----
SUBMISSION(S):
--Mr N M Ydgren, Stipendiary Steward, showed video replays of the incident with approximately 1800 metres to race. He pointed out FRANCO QUARRY, driven by Mr Chmiel, racing in the trail. Mr J R Dunn, driving PASHANA, was racing 3-back following Mr Chmiel. At that point, Mr Dunn pulled out as Mr Orange on CAESAR’S BRACELET improved in the one-out line. Mr Dunn had gone past Mr Chmiel as Mr Orange quickly made ground outside Mr Chmiel. Mr Orange was outside Mr Chmiel’s wheel as Mr Chmiel progressed outwards, leaving Mr Orange to race 3-wide. There was not room for Mr Chmiel to get out without forcing Mr Orange wide, Mr Ydgren said. While Mr Orange could have restrained onto the back of Mr Chmiel, he had no obligation to do so.
----
REASONS:
--The Committee was satisfied, from having viewed the video replays, that Mr Chmiel had moved ground outwards when Mr Orange’s horse was coming forward and its nose was in line with or past his sulky wheel. Mr Orange was forced to race wider on the track. The Committee noted that Mr Chmiel had admitted the breach.
----
DECISION:
--The charge was found proved.
----
SUBMISSION(S) ON PENALTY:
--Mr Ydgren informed the Committee that Mr Chmiel had a clear record as far as breaches of the Rule were concerned. He also submitted the Committee should take into account Mr Chmiel’s admission of the breach. He submitted that an appropriate penalty was a fine of $200.
----
REASONS FOR PENALTY:
--In determining penalty, the Committee took into account the matters referred to by Mr Ydgren – that is to say, Mr Chmiel’s admission of the breach and his good record. The Committee noted that the Penalty Guide recommended a fine of $250 for a breach of the Rule. Mr Chmiel was entitled to credit for his admission and good record.
----
PENALTY:
--Mr Chmiel was fined the sum of $200.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(6)(b)&(c)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e922e21a1d5488ce52aa7e0c10e7ba8a
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
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meetdate: 25/10/2010
meet_title: Ashburton TC - 25 October 2010
meet_expappcomment:
meet_km:
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meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Ashburton TC