Marlborough HRC 20 June 2014 – R10
ID: JCA11083
Meet Title:
Marlborough HRC - 20 June 2014
Meet Chair:
PWilliams
Meet Committee Member 1:
SChing
Race Date:
2014/06/20
Race Number:
R10
Decision:
Penalty:
Facts:
Following the running of race 10, the “Speights Mobile Pace” Information A1590 was filed by Co-Chief Stipendiary Steward Mr N McIntyre under Rule 869(5). The information stated “you (T Chmiel – driver of Swarovski) failed to trail with your horse’s head behind the sulky seat of the horse in front of you”.
Rule 869(5) states:- “A horseman shall trail with his horse’s head behind the seat of the sulky being trailed”.
Mr Chmiel confirmed that he understood the Rule and that he did not admit the breach.
Submissions for Decision:
Mr McIntyre used the head-on film of the field travelling down the back straight for the final time to identify Mr Chmiel travelling in the 1/1 position on the back of “Nikola” driven by Ms Ottley. He said Mr Jones, driving “Whyamibettor”, was travelling 3 wide behind Mr Chmiel. Mr McIntyre said Mr Chmiel could be seen looking to his outside but not moving out and then looking to his outer again before angling his horse out and onto the wheel of Ms Ottley thereby blocking Mr Jones’ progress in the 3 wide position. Mr McIntyre also used the side-on film of the incident to show Mr Jones progressing forward and then having to restrain his horse. He said Mr Chmiel should have come out fully as required by the rules and because he didn’t Mr Jones could not proceed as he was unsure of Mr Chmiel’s intentions.
Mr McIntyre also said Mr May was positioned on the running line inside of Mr Chmiel also anticipated Mr Chmiel fully moving out and was then caught in a difficult position and was unable to fully move up as Mr Chmiel had not moved into the 3 wide position. He said when Mr Chmiel did eventually come out into the 3 wide position Mr May was able to progress forward. He said when making moves drivers had to be decisive and clearly in this case Mr Chmiel was not as he had remained in the “half carting” position for approximately 150m.
Mr Chmiel using the head-on back straight film said he had briefly moved out and then moved straight back down again. He said as he was moving back down he heard Mr May call out and he then moved out again so as not to cause Mr May any problems. He said in moving out after hearing Mr May his wheel may not have been outside of Mr Jones but his horse was. Mr Chmiel said no other drivers' chances were affected by his actions as Mr May had won the race and Mr Butt, who was on the inside of Mr May, had run third.
Mr Chmiel said he did not believe he had half carted for 150m and to a question from the Committee said he did not feel he had half carted at all as he had come out and then gone straight back in. He said what happened occurred regularly in racing and he could get other drivers to confirm that was the case. After further consideration he decided that wasn’t necessary but reiterated his actions did not affect any other driver.
To a question from the Committee Mr McIntyre said that stewards would have been reasonably comfortable if Mr Chmiel had only remained in the half carting position for no more than 50m but to do so for 150m was unacceptable.
Mr Chmiel said that on the turn out of the back straight he was trailing the back of Ms Ottley which meant he was in the 1/1 position. Mr McIntyre said this was not possible as Mr May and Mr Butt could be seen to the inside and slightly behind Mr Chmiel.
Mr Chmiel did not accept that he half carted for 150m and the Committee asked Mr McIntyre to confirm the distance between the pylons down the back straight and at the beginning of the bend out of the straight. He said it was 20m and 10m respectively.
In summing up Mr McIntyre said the films clearly showed Mr Jones having to restrain his horse when Mr Chmiel moved out. He said Mr Chmiel did not fully move out and remained in the half carting position for approximately 150m thereby impeding Mr Jones’ progress.
Mr Chmiel concluded by saying he had not half carted and had not affected the chances of Mr Jones or the horses that were to his inside.
Reasons for Decision:
The Committee has reviewed the films of the incident several times. It is clear that as the field travelled down the back straight the final time Mr Chmiel looked to his outside twice and after the second look moved out from the 1/1 position causing Mr Jones who was moving forward 3 wide to restrain his horse. The Committee is satisfied Mr Chmiel did not move out fully and remained in a half carting position for at least 100m. During those 100m the Committee does not believe Mr Chmiel, after moving partially out moved back down again. This view is reinforced by the film which shows Mr May to the inside and slightly behind Mr Chmiel but unable to fully progress into the gap as it was not wide enough. The film also shows Mr Butt on the inside of Mr May.
The Committee notes that apart from Mr Chmiel saying he was never half carting the other key point he made was that his actions never impacted on any other driver. This is clearly not the case as firstly Mr Jones was impeded for at least 100m and Mr May was also unable to move forward on Mr Chmiel’s inner at the same time. The Committee is also clear that the fact that Mr May won the race and Mr Butt ran third is irrelevant. (Mr Chmiel finished second).
Rule 869(5) makes no mention of the impact of a driver’s actions on others – it simply requires a driver to trail with their horse’s head behind the sulky seat of the horse in front. Mr Chmiel did not correctly trail the horse in front of him for at least 100m from the 800m point in the race and has therefore breached Rule 869(5).
Submissions for Penalty:
Mr McIntyre said this was Mr Chmiel’s first breach of this Rule this season during which he had had 363 drives. He submitted a fine of between $150 and $200 was an appropriate penalty.
Mr Chmiel said a fine of $150 was not justified as no drivers had been affected.
Reasons for Penalty:
The JCA’s guidelines state the starting point for a breach of this rule is a fine of $200. The Committee has taken into account Mr Chmiel’s excellent record not having breached this Rule in at least the last 18 months. Breaches of the rule are not that common but the Committee notes that in November 2013 a similar breach by another driver resulted in a fine of $150. The Committee considers the severity of the incident to be at the low level. The Committee, taking all of the above into consideration, believes on this occasion a fine is an appropriate penalty.
JCA Decision Fields (raw)
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hearingid: 1285b8e7475e0583b3a213a5974e7c2e
informantnumber: A1590
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to trail with horse's head behind seat of sulky being trailed
plea: denied
penaltyrequired: 1
decisiondate: 17/06/2014
hearing_title: Marlborough HRC 20 June 2014 - R10
charge:
facts:
Following the running of race 10, the “Speights Mobile Pace” Information A1590 was filed by Co-Chief Stipendiary Steward Mr N McIntyre under Rule 869(5). The information stated “you (T Chmiel – driver of Swarovski) failed to trail with your horse’s head behind the sulky seat of the horse in front of you”.
Rule 869(5) states:- “A horseman shall trail with his horse’s head behind the seat of the sulky being trailed”.
Mr Chmiel confirmed that he understood the Rule and that he did not admit the breach.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre used the head-on film of the field travelling down the back straight for the final time to identify Mr Chmiel travelling in the 1/1 position on the back of “Nikola” driven by Ms Ottley. He said Mr Jones, driving “Whyamibettor”, was travelling 3 wide behind Mr Chmiel. Mr McIntyre said Mr Chmiel could be seen looking to his outside but not moving out and then looking to his outer again before angling his horse out and onto the wheel of Ms Ottley thereby blocking Mr Jones’ progress in the 3 wide position. Mr McIntyre also used the side-on film of the incident to show Mr Jones progressing forward and then having to restrain his horse. He said Mr Chmiel should have come out fully as required by the rules and because he didn’t Mr Jones could not proceed as he was unsure of Mr Chmiel’s intentions.
Mr McIntyre also said Mr May was positioned on the running line inside of Mr Chmiel also anticipated Mr Chmiel fully moving out and was then caught in a difficult position and was unable to fully move up as Mr Chmiel had not moved into the 3 wide position. He said when Mr Chmiel did eventually come out into the 3 wide position Mr May was able to progress forward. He said when making moves drivers had to be decisive and clearly in this case Mr Chmiel was not as he had remained in the “half carting” position for approximately 150m.
Mr Chmiel using the head-on back straight film said he had briefly moved out and then moved straight back down again. He said as he was moving back down he heard Mr May call out and he then moved out again so as not to cause Mr May any problems. He said in moving out after hearing Mr May his wheel may not have been outside of Mr Jones but his horse was. Mr Chmiel said no other drivers' chances were affected by his actions as Mr May had won the race and Mr Butt, who was on the inside of Mr May, had run third.
Mr Chmiel said he did not believe he had half carted for 150m and to a question from the Committee said he did not feel he had half carted at all as he had come out and then gone straight back in. He said what happened occurred regularly in racing and he could get other drivers to confirm that was the case. After further consideration he decided that wasn’t necessary but reiterated his actions did not affect any other driver.
To a question from the Committee Mr McIntyre said that stewards would have been reasonably comfortable if Mr Chmiel had only remained in the half carting position for no more than 50m but to do so for 150m was unacceptable.
Mr Chmiel said that on the turn out of the back straight he was trailing the back of Ms Ottley which meant he was in the 1/1 position. Mr McIntyre said this was not possible as Mr May and Mr Butt could be seen to the inside and slightly behind Mr Chmiel.
Mr Chmiel did not accept that he half carted for 150m and the Committee asked Mr McIntyre to confirm the distance between the pylons down the back straight and at the beginning of the bend out of the straight. He said it was 20m and 10m respectively.
In summing up Mr McIntyre said the films clearly showed Mr Jones having to restrain his horse when Mr Chmiel moved out. He said Mr Chmiel did not fully move out and remained in the half carting position for approximately 150m thereby impeding Mr Jones’ progress.
Mr Chmiel concluded by saying he had not half carted and had not affected the chances of Mr Jones or the horses that were to his inside.
reasonsfordecision:
The Committee has reviewed the films of the incident several times. It is clear that as the field travelled down the back straight the final time Mr Chmiel looked to his outside twice and after the second look moved out from the 1/1 position causing Mr Jones who was moving forward 3 wide to restrain his horse. The Committee is satisfied Mr Chmiel did not move out fully and remained in a half carting position for at least 100m. During those 100m the Committee does not believe Mr Chmiel, after moving partially out moved back down again. This view is reinforced by the film which shows Mr May to the inside and slightly behind Mr Chmiel but unable to fully progress into the gap as it was not wide enough. The film also shows Mr Butt on the inside of Mr May.
The Committee notes that apart from Mr Chmiel saying he was never half carting the other key point he made was that his actions never impacted on any other driver. This is clearly not the case as firstly Mr Jones was impeded for at least 100m and Mr May was also unable to move forward on Mr Chmiel’s inner at the same time. The Committee is also clear that the fact that Mr May won the race and Mr Butt ran third is irrelevant. (Mr Chmiel finished second).
Rule 869(5) makes no mention of the impact of a driver’s actions on others – it simply requires a driver to trail with their horse’s head behind the sulky seat of the horse in front. Mr Chmiel did not correctly trail the horse in front of him for at least 100m from the 800m point in the race and has therefore breached Rule 869(5).
Decision:
sumissionsforpenalty:
Mr McIntyre said this was Mr Chmiel’s first breach of this Rule this season during which he had had 363 drives. He submitted a fine of between $150 and $200 was an appropriate penalty.
Mr Chmiel said a fine of $150 was not justified as no drivers had been affected.
reasonsforpenalty:
The JCA’s guidelines state the starting point for a breach of this rule is a fine of $200. The Committee has taken into account Mr Chmiel’s excellent record not having breached this Rule in at least the last 18 months. Breaches of the rule are not that common but the Committee notes that in November 2013 a similar breach by another driver resulted in a fine of $150. The Committee considers the severity of the incident to be at the low level. The Committee, taking all of the above into consideration, believes on this occasion a fine is an appropriate penalty.
penalty:
hearing_type: Hearing
Rules: 869(5)
Informant: Mr N McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4e6558d25de50951c29367a0a7ccfc5f
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race_title: R10
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meetid: bc24bd4a3f22e5a79d2a3e55b37f759c
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meetdate: 20/06/2014
meet_title: Marlborough HRC - 20 June 2014
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meet_pm1: SChing
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name: Marlborough HRC