Forbury Park TC 30 March 2017 – R 4 – Chair, Prof G Hall
ID: JCA12401
Meet Title:
Forbury Park TC - 30 March 2017
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2017/03/30
Race Number:
R 4
Decision:
Penalty:
Mr Chmiel is suspended from the conclusion of racing on 2 April 2017 until the conclusion of racing on 9 April 2017. This is 3 days being Forbury 6 April, Addington 7 April and Rangiora 9 April .
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Chmiel (REDDINGTON) used his whip excessively over the concluding stages of race 4, the Forbury Park Bistro Mobile Pace.
Rule 869 provides as follows:..
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Tidmarsh showed a video replay of the race. He pointed out Mr Chmiel, driving REDDINGTON, hit his horse 13 times with the whip without the reins. This was inside the final 180 metres of the race and after he had activated the sliding blinds. He said a number of the strikes were quick fire and a number were just flicks.
Mr Chmiel confirmed that he had hit the horse 13 times. He said the horse was running in on BORN AGAIN DELIGHT, which won the race and was racing to his inside. He had given three to the near side of REDDINGTON to straighten the horse.
Submissions for Penalty:
Mr Tidmarsh produced Mr Chmiel’s record. This record evidences a similar charge on 22 January last at Marlborough when he was suspended for 2 days. He is a busy Canterbury driver with 275 drives last season and 153 to date this season. Mr Tidmarsh stated as this is Mr Chmiel’s second breach within a 6-month period, the starting point under the guidelines is a 3 to 5 day suspension. He submitted a 4-day suspension was appropriate.
Mr Chmiel submitted a 3-day suspension should be imposed, pointing out that one day of the suspension would be a premier day at Addington.
Reasons for Penalty:
There are 13 strikes and REDDINGTON has responded to these and has finished 2nd in the race. The starting point is a 3 to 5 day suspension as in the JCA Penalty Guide.
We have taken guidance from a number of recent decisions where, with the exception of Hunter, the penalty was 3 days’ suspension (eg Ferguson, Walkinshaw, Cox and Ottley). The strikes in Hunter were more frequent (16 strikes) but, significantly, the number of drives the respondent has on average at a meeting is more than Mr Hunter. We calculate Mr Chmiel has 3 drives per meeting.
We adopt a starting point of 4 days having regard to the fact that this is the respondent’s second breach in a short time frame and the number of strikes is at the lower end of the scale. We give credit for Mr Chmiel’s early admission of the breach and his co-operation in this matter.
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: 58839f41dc4b7b04e72c5f9552be57f4
informantnumber: A4751
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/04/2017
hearing_title: Forbury Park TC 30 March 2017 - R 4 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Chmiel (REDDINGTON) used his whip excessively over the concluding stages of race 4, the Forbury Park Bistro Mobile Pace.
Rule 869 provides as follows:..
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Tidmarsh showed a video replay of the race. He pointed out Mr Chmiel, driving REDDINGTON, hit his horse 13 times with the whip without the reins. This was inside the final 180 metres of the race and after he had activated the sliding blinds. He said a number of the strikes were quick fire and a number were just flicks.
Mr Chmiel confirmed that he had hit the horse 13 times. He said the horse was running in on BORN AGAIN DELIGHT, which won the race and was racing to his inside. He had given three to the near side of REDDINGTON to straighten the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Tidmarsh produced Mr Chmiel’s record. This record evidences a similar charge on 22 January last at Marlborough when he was suspended for 2 days. He is a busy Canterbury driver with 275 drives last season and 153 to date this season. Mr Tidmarsh stated as this is Mr Chmiel’s second breach within a 6-month period, the starting point under the guidelines is a 3 to 5 day suspension. He submitted a 4-day suspension was appropriate.
Mr Chmiel submitted a 3-day suspension should be imposed, pointing out that one day of the suspension would be a premier day at Addington.
reasonsforpenalty:
There are 13 strikes and REDDINGTON has responded to these and has finished 2nd in the race. The starting point is a 3 to 5 day suspension as in the JCA Penalty Guide.
We have taken guidance from a number of recent decisions where, with the exception of Hunter, the penalty was 3 days’ suspension (eg Ferguson, Walkinshaw, Cox and Ottley). The strikes in Hunter were more frequent (16 strikes) but, significantly, the number of drives the respondent has on average at a meeting is more than Mr Hunter. We calculate Mr Chmiel has 3 drives per meeting.
We adopt a starting point of 4 days having regard to the fact that this is the respondent’s second breach in a short time frame and the number of strikes is at the lower end of the scale. We give credit for Mr Chmiel’s early admission of the breach and his co-operation in this matter.
penalty:
Mr Chmiel is suspended from the conclusion of racing on 2 April 2017 until the conclusion of racing on 9 April 2017. This is 3 days being Forbury 6 April, Addington 7 April and Rangiora 9 April .
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3bfc1c5cdc095214f2343288d4ab18bc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 91005c3c7fedd887417d49a273a607a5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2017
meet_title: Forbury Park TC - 30 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Forbury Park TC