Marlborough HRC 25 June 2017 – R 2 – Chair, Mr S Ching
ID: JCA11682
Meet Title:
Marlborough HRC - 25 June 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/06/25
Race Number:
R2
Decision:
As Mr Chmiel had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Chmiel is suspended from the conclusion of racing today, 25 June up to and including 30 June 2017. The meeting encompassed in this period are Forbury Park on 29 June and Addington on 30 June 2017.
Facts:
Following the running of Race 2, the Peter Yealands Wines Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Open Horseman, Mr T Chmiel, alleging a breach of Rule 869(7)(A) (c) in that he shifted inwards near the 1700m forcing TINTIN NATURALLY over markers.
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Chmiel also confirmed that he understood the rule he was being charged with.
Rule 869(7)(A)(c) reads as follows:
(7A) Every horseman who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race.
Mr Renault gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr N McIntyre, to show that shortly after the start and racing into the first bend, Mr Chmiel, driving CRAFTY CULLEN, was racing in a 2 off position on the outside of the leaders, with TINTIN NATURALLY, driven by Mr S McNally, racing on the pylons behind the leading horse. Mr McIntyre stated that approaching the 1700m Mr Chmiel eased back from the parked position on the outside of the leading horse and attempted to take up the trailing position on the pylons, behind the leader. He said that Mr McNally was forced down onto the pylons and ran over at least 4 of them. Mr McNally, he stated, was forced to ease after being “bullied out of his position” and finished up, 3 back on the pylons.
Mr Chmiel conceded that he pushed Mr McNally over the pylons and forced him out of his position.
Submissions for Penalty:
Mr Renault informed the Committee that Mr Chmiel’s driving statistics were 275 drives last season and 200 to date this season and that he had a clear record in regard to this rule. Mr Renault stated that the JCA Penalty Guide provided a starting point for a breach of this rule as a 6-drive suspension or a $300 fine. Mr Renault submitted that this breach was low to mid-level and stated that Mr Chmiel was requesting a suspension as penalty. He submitted that a 2-day suspension be considered as penalty in this case.
Mr Chmiel confirmed to the Committee that he would prefer suspension as penalty in this case. He also stated that he did not seek a deferment and requested any suspension begin immediately.
Reasons for Penalty:
The JCA Penalty Guide recommends a starting point of a $300 fine or a 6-drive suspension for a mid-range breach of this Rule. We considered this breach to be mid-range and therefore have adopted the 6-drive suspension as a starting point. We determined that there were no aggravating factors so therefore no uplift in penalty was required. Mr Chmiel’s driving statistics showed that on average he drove on 2 to 3 occasions at relative meetings with the Committee determining that a 3-day starting point was appropriate. In mitigation, Mr Chmiel’s admission of the breach and his good record, were factors in consideration of a discount. That discount we set at 1 day. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
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: 28acde9ad1b7689ebcf0e4532aeda7c0
informantnumber: A9022
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(7) (A)(c)
plea: admitted
penaltyrequired: 1
decisiondate: 26/06/2017
hearing_title: Marlborough HRC 25 June 2017 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Peter Yealands Wines Mobile Pace, an information was filed by Stipendiary Steward Mr S Renault against Open Horseman, Mr T Chmiel, alleging a breach of Rule 869(7)(A) (c) in that he shifted inwards near the 1700m forcing TINTIN NATURALLY over markers.
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Chmiel also confirmed that he understood the rule he was being charged with.
Rule 869(7)(A)(c) reads as follows:
(7A) Every horseman who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race.
Mr Renault gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr N McIntyre, to show that shortly after the start and racing into the first bend, Mr Chmiel, driving CRAFTY CULLEN, was racing in a 2 off position on the outside of the leaders, with TINTIN NATURALLY, driven by Mr S McNally, racing on the pylons behind the leading horse. Mr McIntyre stated that approaching the 1700m Mr Chmiel eased back from the parked position on the outside of the leading horse and attempted to take up the trailing position on the pylons, behind the leader. He said that Mr McNally was forced down onto the pylons and ran over at least 4 of them. Mr McNally, he stated, was forced to ease after being “bullied out of his position” and finished up, 3 back on the pylons.
Mr Chmiel conceded that he pushed Mr McNally over the pylons and forced him out of his position.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chmiel had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault informed the Committee that Mr Chmiel’s driving statistics were 275 drives last season and 200 to date this season and that he had a clear record in regard to this rule. Mr Renault stated that the JCA Penalty Guide provided a starting point for a breach of this rule as a 6-drive suspension or a $300 fine. Mr Renault submitted that this breach was low to mid-level and stated that Mr Chmiel was requesting a suspension as penalty. He submitted that a 2-day suspension be considered as penalty in this case.
Mr Chmiel confirmed to the Committee that he would prefer suspension as penalty in this case. He also stated that he did not seek a deferment and requested any suspension begin immediately.
reasonsforpenalty:
The JCA Penalty Guide recommends a starting point of a $300 fine or a 6-drive suspension for a mid-range breach of this Rule. We considered this breach to be mid-range and therefore have adopted the 6-drive suspension as a starting point. We determined that there were no aggravating factors so therefore no uplift in penalty was required. Mr Chmiel’s driving statistics showed that on average he drove on 2 to 3 occasions at relative meetings with the Committee determining that a 3-day starting point was appropriate. In mitigation, Mr Chmiel’s admission of the breach and his good record, were factors in consideration of a discount. That discount we set at 1 day. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Chmiel is suspended from the conclusion of racing today, 25 June up to and including 30 June 2017. The meeting encompassed in this period are Forbury Park on 29 June and Addington on 30 June 2017.
hearing_type: Hearing
Rules: 869 (7)((A) (c)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer: T Chmiel-Open Horseman
Otherperson: Mr N McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e67e62aa95afff2a56469cd260794946
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 96e2f0cabf7a1252c149e7dcbe027e61
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/06/2017
meet_title: Marlborough HRC - 25 June 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Marlborough HRC