Ashburton TC 26 December 2010 – R 5
ID: JCA17741
Meet Title:
Ashburton TC - 26 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2010/12/26
Race Number:
R 5
Decision:
The charge was found proved.
Penalty:
Mrs Chmiel was fined the sum of $200.
Charge:
Following the running of Race 5, Paper Plus Ashburton Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mrs G S Chmiel, alleging a breach of Rule 869 (2) (a) and (c) in that Mrs Chmiel, as the driver of AZIZA in the race, “used her whip in an improper manner and outside the confines of the sulky when striking the sulky disc on two occasions”.
Facts:
Mrs Chmiel had signed the Statement by the Defendant on the information form indicating, firstly, that she admitted the breach and, secondly, that she did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
(c) project his whip outside the sulky or draw his whip further back that the sulky
seat.
Submissions for Decision:
Mr Renault showed video replays of the final 300 metres of the race. He pointed out Mrs Chmiel driving AZIZA, challenging widest on the track. She used her whip on three or four occasions to no avail, Mr Renault alleged. The horse did not seem to be running on. Mrs Chmiel had explained to the Stewards that she wished to try something else to urge the horse on. However, she had then done something which was not permitted by the Rules, Mr Renault said – that is to say, she used the whip outside the confines of the sulky. He pointed out that she looked down at the left hand sulky disc and used her whip outside the confines of the sulky and below the sulky shaft in striking the disc with the whip in her right hand, in a forehand manner, on two occasions.
Reasons for Decision:
The Committee was satisfied that Mrs Chmiel had used the whip outside the confines of the sulky and below the sulky shaft on two occasions in breach of Rule 869 (2) (c). Use of the whip, in this manner, also amounted to improper use of the whip, in the Committee’s view, in breach of Rule 869 (2) (a). The Committee also noted Mrs Chmiel’s admission of the breach.
Submissions for Penalty:
Mr Renault informed the Committee that Mrs Chmiel had no previous breaches of Rule 869 (2). In the current season, Mrs Chmiel has had 20 drives and has had 469 lifetime drives. She is not a “busy driver”, Mr Renault said. This was a clear breach of the Rule, Mr Renault submitted. He submitted that a fine of $200 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to Mrs Chmiel’s admission of the breach and her previous good record. The Committee was aware of a number of cases in the last 6 months for admitted breaches of Rule 869 (2) (c) where the driver had a good record. The penalty in those cases had consistently been a fine of $200.
JCA Decision Fields (raw)
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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: e7b61f9f779635709437193339a58b80
informantnumber: 69121
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Ashburton TC 26 December 2010 - R 5
charge:
Following the running of Race 5, Paper Plus Ashburton Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mrs G S Chmiel, alleging a breach of Rule 869 (2) (a) and (c) in that Mrs Chmiel, as the driver of AZIZA in the race, “used her whip in an improper manner and outside the confines of the sulky when striking the sulky disc on two occasions”.
facts:
Mrs Chmiel had signed the Statement by the Defendant on the information form indicating, firstly, that she admitted the breach and, secondly, that she did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
(c) project his whip outside the sulky or draw his whip further back that the sulky
seat.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed video replays of the final 300 metres of the race. He pointed out Mrs Chmiel driving AZIZA, challenging widest on the track. She used her whip on three or four occasions to no avail, Mr Renault alleged. The horse did not seem to be running on. Mrs Chmiel had explained to the Stewards that she wished to try something else to urge the horse on. However, she had then done something which was not permitted by the Rules, Mr Renault said – that is to say, she used the whip outside the confines of the sulky. He pointed out that she looked down at the left hand sulky disc and used her whip outside the confines of the sulky and below the sulky shaft in striking the disc with the whip in her right hand, in a forehand manner, on two occasions.
reasonsfordecision:
The Committee was satisfied that Mrs Chmiel had used the whip outside the confines of the sulky and below the sulky shaft on two occasions in breach of Rule 869 (2) (c). Use of the whip, in this manner, also amounted to improper use of the whip, in the Committee’s view, in breach of Rule 869 (2) (a). The Committee also noted Mrs Chmiel’s admission of the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Mrs Chmiel had no previous breaches of Rule 869 (2). In the current season, Mrs Chmiel has had 20 drives and has had 469 lifetime drives. She is not a “busy driver”, Mr Renault said. This was a clear breach of the Rule, Mr Renault submitted. He submitted that a fine of $200 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to Mrs Chmiel’s admission of the breach and her previous good record. The Committee was aware of a number of cases in the last 6 months for admitted breaches of Rule 869 (2) (c) where the driver had a good record. The penalty in those cases had consistently been a fine of $200.
penalty:
Mrs Chmiel was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a) & (c)
Informant: S P Renault Stipendiary Steward
JockeysandTrainer: G S Chmiel Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2b2d091ac596ab7af1bc542138d1c6f3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c91f431d8cd7c96c4451a7a3736bf8d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2010
meet_title: Ashburton TC - 26 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Ashburton TC