Forbury Park TC 4 April 2019 – R 10 – Chair, Prof G Hall
ID: JCA12065
Meet Title:
Forbury Park TC - 4 April 2019
Meet Chair:
GHall
Race Date:
2019/04/04
Race Number:
R 10
Decision:
Mr Chmiel has admitted the breach. The breach is proved.
Penalty:
Mr Chmiel is fined the sum of $300.
Facts:
Following the running of Race 10, the NEXT RACE MEETING 18TH APRIL MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr Chmiel, the driver of CANSTAR used his whip on more occasions than is permitted by the Use of the Whip regulations.
Mr Chmiel signed the information indicating that he admitted the breach and did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault demonstrated on the race films that the respondent, who was racing in second last position, shifted out for a wide run in the home straight and used his whip 15 times.
Submissions for Penalty:
Mr Renault produced Mr Chmiel’s record. He has had 101 drives this season and his record is clear since Ashburton 3 June 2018. This is over 6 months ago, and the reset thus applies. Mr Chmiel is to be treated as having a clear record.
Reasons for Penalty:
The breach is mid-range. Of concern is that the strikes were continuous, but Mr Chmiel did cease using the whip and pushed CANSTAR out to the line. The count is 15 strikes. The Penalty Guide provides a penalty for a first breach of $300 in these circumstances.
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: 2c8f25c48e0e1021813682c3ec5d2591
informantnumber: A12489
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 08/04/2019
hearing_title: Forbury Park TC 4 April 2019 - R 10 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 10, the NEXT RACE MEETING 18TH APRIL MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Mr Chmiel, the driver of CANSTAR used his whip on more occasions than is permitted by the Use of the Whip regulations.
Mr Chmiel signed the information indicating that he admitted the breach and did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault demonstrated on the race films that the respondent, who was racing in second last position, shifted out for a wide run in the home straight and used his whip 15 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Chmiel has admitted the breach. The breach is proved.
sumissionsforpenalty:
Mr Renault produced Mr Chmiel’s record. He has had 101 drives this season and his record is clear since Ashburton 3 June 2018. This is over 6 months ago, and the reset thus applies. Mr Chmiel is to be treated as having a clear record.
reasonsforpenalty:
The breach is mid-range. Of concern is that the strikes were continuous, but Mr Chmiel did cease using the whip and pushed CANSTAR out to the line. The count is 15 strikes. The Penalty Guide provides a penalty for a first breach of $300 in these circumstances.
penalty:
Mr Chmiel is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: aa1d45a2df97f8a37427953c387b361f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: db4bedbbe838e0af6a2a06c208ea4050
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/04/2019
meet_title: Forbury Park TC - 4 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC