Cheviot HRC – 11 March 2007 – Race 3
ID: JCA18785
Hearing Type (Code):
harness-racing
Meet Title:
Cheviot HRC - 11 March 2007
Race Date:
2007/03/11
Race Number:
Race 3
Decision: --
Following the running of Race 3, the Dow AgroSciences "Tordon BrushKiller" Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr T. S. Chmiel, the driver of "Call The Vet", alleging a breach of Rule 857(7)(g
--
DECISION AND REASONS:
--Following the running of Race 3, the Dow AgroSciences "Tordon BrushKiller" Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr T. S. Chmiel, the driver of "Call The Vet", alleging a breach of Rule 857(7)(g). The charge reads as follows.
------"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that horseman T. S. Chmiel (Call The Vet) failed to come up into or maintain his position on the mobile gate."
--The rule reads as follows.
--"(7) No horseman shall:-
--(g) fail to come up into and/or maintain his position."
--Mr Chmiel indicated on the information that he did not admit the breach
--of the rule, and he confirmed this at the hearing. Mr Chmiel also acknowledged that he understood the charge and the Rule.
--Video coverage of the start of this mobile 2600 metre race was shown. Mr Chmiel started from barrier position [8], which was the outside of the front line. Prior to the start Mr Chmiel did not have his horse up to the mobile starting gate, and he was about two lengths away from the starting gate when the start was indicated.
--Mr Ydgren gave evidence that he viewed the start of this race from the top of the front straight, and that he saw no action taken by Mr Chmiel to try and have his horse up to the mobile starting gate.
--Mr McIntyre said that this was an offence of strict liability (Rule 1008(b)) and that it was apparent that Mr Chmiel had taken no action to have his horse up to the mobile gate as required.
--Mr Chmiel was given the opportunity to ask questions, but did not wish to.
--Mr Chmiel did not dispute the facts, and agreed that his horse was about two lengths from the mobile gate when the race started. He said that his horse was having its first race day start and that it was the favourite. He said that he did not want to push his horse and take the risk of getting into difficulties. Mr Chmiel did not dispute that he made no real effort to maintain his position on the mobile starting gate.
--In response to this evidence Mr McIntyre said that the matters raised by Mr Chmiel did not excuse him from complying with this Rule.
----After hearing the evidence I adjourned to consider my decision.
--It was clear from the evidence and from the video coverage that Mr Chmiel's horse "Call The Vet" was at least two lengths behind the mobile starting gate when the start was indicated. At no stage was the horse up to the mobile gate, and at no stage did Mr Chmiel take any positive steps to do so. Mr Chmiel's evidence was that he did not want to push his horse, and that he wanted to "keep out of trouble".
--I am satisfied that this Rule requires a horseman to make a reasonable effort to bring his horse up into its correct barrier position. Failure to make such an effort is a breach of this Rule. I was satisfied that this charge had been proved and on returning to the Enquiry Room I gave the following oral decision.
--"Having heard the evidence and having seen the video coverage of the start I am satisfied that "Call The Vet" drew barrier 8 (the outside) in this mobile start race. The horse was at least two lengths behind the gate when the race began and Stipendiary Steward Mr Ydgren said he saw no actions from you to urge your horse up onto the mobile gate.
--You said that you were concerned that your horse might react badly if you pushed him, and that is basically what you are saying."
--A breach of this Rule is one of strict liability and the reasons given by you for not complying do not amount to a defence. I find the charge proved.
--PENALTY: In relation to penalty Mr McIntyre recommended a fine of $100-00. Mr Chmiel had no submissions to make regarding penalty and I was satisfied that a fine of $100-00 was consistent with previous penalties imposed for a breach of this Rule, and Mr Chmiel was fined this amount.
----
--
--
- --
- M. Phelan
CHAIRMAN
----
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: 1b959d8abbace4a2a506f935c3ec02ec
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 11/03/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cheviot HRC - 11 March 2007 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 3, the Dow AgroSciences "Tordon BrushKiller" Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr T. S. Chmiel, the driver of "Call The Vet", alleging a breach of Rule 857(7)(g
--
DECISION AND REASONS:
--Following the running of Race 3, the Dow AgroSciences "Tordon BrushKiller" Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr T. S. Chmiel, the driver of "Call The Vet", alleging a breach of Rule 857(7)(g). The charge reads as follows.
------"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that horseman T. S. Chmiel (Call The Vet) failed to come up into or maintain his position on the mobile gate."
--The rule reads as follows.
--"(7) No horseman shall:-
--(g) fail to come up into and/or maintain his position."
--Mr Chmiel indicated on the information that he did not admit the breach
--of the rule, and he confirmed this at the hearing. Mr Chmiel also acknowledged that he understood the charge and the Rule.
--Video coverage of the start of this mobile 2600 metre race was shown. Mr Chmiel started from barrier position [8], which was the outside of the front line. Prior to the start Mr Chmiel did not have his horse up to the mobile starting gate, and he was about two lengths away from the starting gate when the start was indicated.
--Mr Ydgren gave evidence that he viewed the start of this race from the top of the front straight, and that he saw no action taken by Mr Chmiel to try and have his horse up to the mobile starting gate.
--Mr McIntyre said that this was an offence of strict liability (Rule 1008(b)) and that it was apparent that Mr Chmiel had taken no action to have his horse up to the mobile gate as required.
--Mr Chmiel was given the opportunity to ask questions, but did not wish to.
--Mr Chmiel did not dispute the facts, and agreed that his horse was about two lengths from the mobile gate when the race started. He said that his horse was having its first race day start and that it was the favourite. He said that he did not want to push his horse and take the risk of getting into difficulties. Mr Chmiel did not dispute that he made no real effort to maintain his position on the mobile starting gate.
--In response to this evidence Mr McIntyre said that the matters raised by Mr Chmiel did not excuse him from complying with this Rule.
----After hearing the evidence I adjourned to consider my decision.
--It was clear from the evidence and from the video coverage that Mr Chmiel's horse "Call The Vet" was at least two lengths behind the mobile starting gate when the start was indicated. At no stage was the horse up to the mobile gate, and at no stage did Mr Chmiel take any positive steps to do so. Mr Chmiel's evidence was that he did not want to push his horse, and that he wanted to "keep out of trouble".
--I am satisfied that this Rule requires a horseman to make a reasonable effort to bring his horse up into its correct barrier position. Failure to make such an effort is a breach of this Rule. I was satisfied that this charge had been proved and on returning to the Enquiry Room I gave the following oral decision.
--"Having heard the evidence and having seen the video coverage of the start I am satisfied that "Call The Vet" drew barrier 8 (the outside) in this mobile start race. The horse was at least two lengths behind the gate when the race began and Stipendiary Steward Mr Ydgren said he saw no actions from you to urge your horse up onto the mobile gate.
--You said that you were concerned that your horse might react badly if you pushed him, and that is basically what you are saying."
--A breach of this Rule is one of strict liability and the reasons given by you for not complying do not amount to a defence. I find the charge proved.
--PENALTY:
In relation to penalty Mr McIntyre recommended a fine of $100-00. Mr Chmiel had no submissions to make regarding penalty and I was satisfied that a fine of $100-00 was consistent with previous penalties imposed for a breach of this Rule, and Mr Chmiel was fined this amount.----
--
--
- --
- M. Phelan
CHAIRMAN
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 857.7, 857.7.g, 1008.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b220073443a9899354709058889d4798
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4194346b620636c1b19c67efb22dd0c6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/03/2007
meet_title: Cheviot HRC - 11 March 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Cheviot HRC