Forbury Park TC 9 June 2016 – R 7 – Chair, Prof G Hall
ID: JCA15684
Meet Title:
Forbury Park TC - 9 June 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/06/09
Race Number:
R 7
Decision:
We thus find the charge proved.
Penalty:
We fine Mr Chmiel the sum of $200.
Facts:
Mr Renault alleged that Mr Chmiel in race 7 permitted his horse PARRAMATTA to shift outwards near the 1400 metres forcing PAT CAMPBELL (Ms J Young) wider on the track.
Mr Renault demonstrated on the videos that both Mr Chmiel and Ms Young were positioned near the rear of the field with some 1400 to 1500 metres to race. Ms Young was one out following Mr McIlwrick, who was driving ARDEN’S CONCORD, and Mr Chmiel was on the pylons. Ms Young was struggling to keep up with Mr McIlwrick and the respondent decided to shift wider on the track. Mr Renault stated that in so doing the respondent was in breach of the push out rule.
Submissions for Decision:
Mr Renault called Ms Young to give evidence. She stated that she was racing outside PARRAMATTA and that she had been forced to race wider on the track by Mr Chmiel. She said she had had difficulty in keeping up behind ARDEN’S CONCORD. However, she was adamant that the nose of PAT CAMPBELL was up past the cart of Mr Chmiel when he came out. She said she yelled out to Mr Chmiel. She emphasised that she was two wide at the time and had been forced to race three wide. She said while she may have lost ground on Mr McIlwrick, she was still making ground on Mr Chmiel. Ms Young agreed she could have pulled back but she had chosen not to. It was her intention to follow Mr McIlwrick.
Ms Young then viewed the videos of the incident, which she stated confirmed the view that she had formed at the time. She reiterated that PAT CAMPBELL’s head was alongside Mr Chmiel’s wheel when he had come out.
Mr Chmiel stated that he was at the rear of the field on the pylons and was following FRANCO NIXON driven by Mr Swain. He said this horse had interfered with PARRAMATTA just after the start. He was concerned that FRANCO NIXON was still travelling roughly and he believed there was a safety issue and that he had had to come off the pylons. He emphasised he did not want to get knocked over and that Ms Young only had to take hold of her horse. He believed there was enough room for him to move wider on the track when he started his outwards movement.
Mr Renault summed up by stating Ms Young’s evidence was clear that she had been pushed out. The video evidence supported her evidence.
Mr Chmiel said there was not enough clear evidence Ms Young was at his wheel when he came out and that he had moved out because he believed he was in a dangerous situation.
Reasons for Decision:
We are satisfied, having heard Ms Young’s evidence and viewing the videos, that the nose of PAT CAMPBELL was up alongside the wheel of the respondent’s cart when he started his outwards movement. The result was that PAT CAMPBELL was forced to race three wide when Ms Young’s intention was to follow ARDEN’S CONCORD in the two wide line.
We have viewed the video and accept that the respondent was affected by the actions of FRANCO NIXON earlier in the race. We can thus understand his concern at following FRANCO NIXON but we fail to see there was any danger that forced him to race wider at this point in the race. In our view he was unable to shift out until he had cleared Mr McIlwrick’s horse and unfortunately by this time Ms Young had chased up PAT CAMPBELL, which had struggled to follow ARDEN’S CONCORD, and the nose of her horse was alongside the wheel of his cart. Mr Chmiel was thus in breach of the push out rule when he came out.
Submissions for Penalty:
Mr Renault produced the respondent’s record, which was clear under this rule. He had had 260 drives this season and 352 the one before. He submitted a fine in the range of $200 to $250 was appropriate.
Mr Chmiel reiterated he was placed in a dangerous situation and he believed it was “a safety issue”.
Reasons for Penalty:
We accept there are mitigating factors with respect to the respondent’s culpability. FRANCO NIXON had caused him difficulties in the earlier stages of the race and he has been caught out by Ms Young hunting up her horse after it had initially failed to follow the improving ARDEN’S CONCORD.
We take into account the gravity of the breach, and that the respondent who is a busy driver has an excellent record with respect to this rule.
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: c32ae3b7223d85cc9625f80d57d47080
informantnumber: A7631
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing interfernce
plea: denied
penaltyrequired: 1
decisiondate: 12/06/2016
hearing_title: Forbury Park TC 9 June 2016 - R 7 - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that Mr Chmiel in race 7 permitted his horse PARRAMATTA to shift outwards near the 1400 metres forcing PAT CAMPBELL (Ms J Young) wider on the track.
Mr Renault demonstrated on the videos that both Mr Chmiel and Ms Young were positioned near the rear of the field with some 1400 to 1500 metres to race. Ms Young was one out following Mr McIlwrick, who was driving ARDEN’S CONCORD, and Mr Chmiel was on the pylons. Ms Young was struggling to keep up with Mr McIlwrick and the respondent decided to shift wider on the track. Mr Renault stated that in so doing the respondent was in breach of the push out rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault called Ms Young to give evidence. She stated that she was racing outside PARRAMATTA and that she had been forced to race wider on the track by Mr Chmiel. She said she had had difficulty in keeping up behind ARDEN’S CONCORD. However, she was adamant that the nose of PAT CAMPBELL was up past the cart of Mr Chmiel when he came out. She said she yelled out to Mr Chmiel. She emphasised that she was two wide at the time and had been forced to race three wide. She said while she may have lost ground on Mr McIlwrick, she was still making ground on Mr Chmiel. Ms Young agreed she could have pulled back but she had chosen not to. It was her intention to follow Mr McIlwrick.
Ms Young then viewed the videos of the incident, which she stated confirmed the view that she had formed at the time. She reiterated that PAT CAMPBELL’s head was alongside Mr Chmiel’s wheel when he had come out.
Mr Chmiel stated that he was at the rear of the field on the pylons and was following FRANCO NIXON driven by Mr Swain. He said this horse had interfered with PARRAMATTA just after the start. He was concerned that FRANCO NIXON was still travelling roughly and he believed there was a safety issue and that he had had to come off the pylons. He emphasised he did not want to get knocked over and that Ms Young only had to take hold of her horse. He believed there was enough room for him to move wider on the track when he started his outwards movement.
Mr Renault summed up by stating Ms Young’s evidence was clear that she had been pushed out. The video evidence supported her evidence.
Mr Chmiel said there was not enough clear evidence Ms Young was at his wheel when he came out and that he had moved out because he believed he was in a dangerous situation.
reasonsfordecision:
We are satisfied, having heard Ms Young’s evidence and viewing the videos, that the nose of PAT CAMPBELL was up alongside the wheel of the respondent’s cart when he started his outwards movement. The result was that PAT CAMPBELL was forced to race three wide when Ms Young’s intention was to follow ARDEN’S CONCORD in the two wide line.
We have viewed the video and accept that the respondent was affected by the actions of FRANCO NIXON earlier in the race. We can thus understand his concern at following FRANCO NIXON but we fail to see there was any danger that forced him to race wider at this point in the race. In our view he was unable to shift out until he had cleared Mr McIlwrick’s horse and unfortunately by this time Ms Young had chased up PAT CAMPBELL, which had struggled to follow ARDEN’S CONCORD, and the nose of her horse was alongside the wheel of his cart. Mr Chmiel was thus in breach of the push out rule when he came out.
Decision:
We thus find the charge proved.
sumissionsforpenalty:
Mr Renault produced the respondent’s record, which was clear under this rule. He had had 260 drives this season and 352 the one before. He submitted a fine in the range of $200 to $250 was appropriate.
Mr Chmiel reiterated he was placed in a dangerous situation and he believed it was “a safety issue”.
reasonsforpenalty:
We accept there are mitigating factors with respect to the respondent’s culpability. FRANCO NIXON had caused him difficulties in the earlier stages of the race and he has been caught out by Ms Young hunting up her horse after it had initially failed to follow the improving ARDEN’S CONCORD.
We take into account the gravity of the breach, and that the respondent who is a busy driver has an excellent record with respect to this rule.
penalty:
We fine Mr Chmiel the sum of $200.
hearing_type: Hearing
Rules: 869(4),(6),(b),(c)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4149c812d939007a656dcca88cb5930b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ad7e43d9bb56efdc03aacf2c1eb55ea3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/06/2016
meet_title: Forbury Park TC - 9 June 2016
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