Archive Decision
This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.
Marlborough HRC 17 June 2011 – R 7
ID: JCA10597
Meet Title:
Marlborough HRC - 17 June 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
JPhelan
Race Date:
2011/06/17
Race Number:
R7
Decision:
As the breach was admited it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On this ocassion we believe a fine is an appropriate penalty and Mr Chmiel is fined $250.
Charge:
Following the running of Race 7 an information was filed by Mr S Wallis, Stipendiary Steward, against Mr T Chmiel, Licensed Open Horseman, alleging a breach of Rule 869(2)(a). The information stated that "You used your whip in an unecssary manner over the concluding stages of this event while driving "Juryman".
Rule 869(2)(a) says "No horseman shall during any race use his whip in an unnecessary, excessive or improper manner"
Facts:
Mr Wallis used the head on and side on views of the race to highlight the alleged breach of the rules. He identified Mr Chmiel driving "Juryman" in the trail turning for home and pointed out that as soon as the horse straightened for the run home he came under immediate pressure and started dropping back through the field. Mr Wallis said at that point Mr Chmiel struck the horse 5 times with the whip which was unecessary as the horse was going back through the field and was not going to run in a dividend bearing place.
Mr Chmiel said he was the trainer of the horse and it had been going very well in training at home and he was surprised how quickly the horse began to tire in the straight. He said he thought the horse was not giving of its best and he used the whip in an attempt to get its mind back on the job. He readily agreed he had struck the horse even though it was going back through the field and said he had no excuses for his actions which he agreed would not have looked good to the public viewing the race at the course or on television.
Submissions for Penalty:
Mr Wallis said Mr Chmiel had two previous charges of excessive use of the whip in the previous 12 months and a warning for unecessary use of the whip. He submitted that it was the view of the Stipendiary Stewards that the breach of the rules was in the mid/high range. He also referred to the Committee to the JCA Penalty Guide and said the starting point for a penalty of a breach of this rule was a fine of $300 or a suspension equivalent to 6 drives.
Mr Chmiel made no comments on penalty other than to say his preference was for a fine.
Reasons for Penalty:
We have considered the evidence of the films of the incident and agree Mr Chmiel did strike "Juryman" 5 times as he was going back through the field. We have taken into account Mr Chmiel's admission of the breach and the fact he was candid with the committee and offered no excuses for his actions. Mr Chmiel's previous breaches of this rule have not been for unecessary use of the whip and we have not taken into account those breaches of that aspect of rule. Nor have we taken into account the warning he did receive for unecessary use of the whip, The Committee also place the severity of the offence at the mid point rather than at the mid/high point of the range. Finally we have reviewed the penalties given for similar breaches of the "uneccessary use" aspect of this rule over the previous 12 months.
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: 0d3bb4edfae85a894843aee5415eb64e
startdate: no date provided
hearing_title: Marlborough HRC 17 June 2011 - R 7
charge:
Following the running of Race 7 an information was filed by Mr S Wallis, Stipendiary Steward, against Mr T Chmiel, Licensed Open Horseman, alleging a breach of Rule 869(2)(a). The information stated that "You used your whip in an unecssary manner over the concluding stages of this event while driving "Juryman".
Rule 869(2)(a) says "No horseman shall during any race use his whip in an unnecessary, excessive or improper manner"
facts:
Mr Wallis used the head on and side on views of the race to highlight the alleged breach of the rules. He identified Mr Chmiel driving "Juryman" in the trail turning for home and pointed out that as soon as the horse straightened for the run home he came under immediate pressure and started dropping back through the field. Mr Wallis said at that point Mr Chmiel struck the horse 5 times with the whip which was unecessary as the horse was going back through the field and was not going to run in a dividend bearing place.
Mr Chmiel said he was the trainer of the horse and it had been going very well in training at home and he was surprised how quickly the horse began to tire in the straight. He said he thought the horse was not giving of its best and he used the whip in an attempt to get its mind back on the job. He readily agreed he had struck the horse even though it was going back through the field and said he had no excuses for his actions which he agreed would not have looked good to the public viewing the race at the course or on television.
Decision:
As the breach was admited it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis said Mr Chmiel had two previous charges of excessive use of the whip in the previous 12 months and a warning for unecessary use of the whip. He submitted that it was the view of the Stipendiary Stewards that the breach of the rules was in the mid/high range. He also referred to the Committee to the JCA Penalty Guide and said the starting point for a penalty of a breach of this rule was a fine of $300 or a suspension equivalent to 6 drives.
Mr Chmiel made no comments on penalty other than to say his preference was for a fine.
reasonsforpenalty:
We have considered the evidence of the films of the incident and agree Mr Chmiel did strike "Juryman" 5 times as he was going back through the field. We have taken into account Mr Chmiel's admission of the breach and the fact he was candid with the committee and offered no excuses for his actions. Mr Chmiel's previous breaches of this rule have not been for unecessary use of the whip and we have not taken into account those breaches of that aspect of rule. Nor have we taken into account the warning he did receive for unecessary use of the whip, The Committee also place the severity of the offence at the mid point rather than at the mid/high point of the range. Finally we have reviewed the penalties given for similar breaches of the "uneccessary use" aspect of this rule over the previous 12 months.
penalty:
On this ocassion we believe a fine is an appropriate penalty and Mr Chmiel is fined $250.
Rules: 869(2)(a) Unecessary use of the Whip
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Licensed Open Horseman
raceid: a6d76d710290ae6c9f63c2249884c88f
meetid: f4f3feee07b84012cfde690cc85fba39
meet_title: Marlborough HRC - 17 June 2011
meet_km: [{"Comment": [], "kmprice": 27.280000000000001, "MemberID": "PWilliams", "Member": "", "KMs": "44", "OtherExpenses": "651", "Total": 678.27999999999997, "MemberRole": "Chair ", "Approved": []}]
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
