Methven TC 2 September 2012 – R 4 (heard on 7 September 2012 at Addington)
ID: JCA19991
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 2 September 2012
Meet Chair:
JMillar
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/09/02
Race Number:
R4
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S P Renault - Stipendiary Steward
Defendant: Mr T S Chmiel - Open Horseman
Information No: A1809
Meeting: Methven Trotting Club
Venue: Methven
Date: 2 September 2012 (heard on 7 September 2012 at Addington)
Race: 4
Rule No: 869(2)(a)
Judicial Committee: S C Ching, Chairman - J M Phelan, Committee Member
Plea: Admitted
Charge: Breach of Rule 869(2)(a) - excessive use of the whip.
Evidence:
This matter was heard at the NZMTC meeting at Addington Raceway on 7 September 2012.
Following the running of Race 4, the Kaiapoi Working Mens Club Mobile Pace, an Information was filed by Stipendiary Steward Mr SP Renault against Open Horseman Mr T S Chmiel, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
"I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in a manner which Stewards deemed to be excessive."
Rule 869(2)(a) reads as follows:
"(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner."
Submissions For Decision:
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted and that he did not want to be present at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Chmiel’s horse (Bettor’s Lady) was leading at the home turn when Mr Chmiel used his whip on at least 21 occasions over the concluding stages. Mr Renault submitted that the first 5 strikes were measured with distinct pauses but the final 16 strikes were constant with little or no pauses. Mr Renault also submitted that these strikes were forceful.
Reasons For Decision:
As Mr Chmiel had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
Submissions on Penalty:
In relation to penalty Mr Renault advised that Mr Chmiel had previously breached this Rule on 3 occasions over the last 12 months, being 19 November 2011 at Oamaru, $200 fine, 15 April 2012 at Banks Peninsula, $250 fine and on 26 April 2012 at NZMTC had received a 2 day suspension. Mr Renault stated that Mr Chmiel was a busy horseman and had already had 18 drives so far this season and had driven on 385 occasions last season. Mr Renault submitted that credit should be given for Mr Chmiel’s ready admission of the breach and that it had been 4 ½ months since his last breach. Mr Renault submitted that a fine in the vicinity of $300 be imposed in this case.
We adjourned to consider the question of penalty.
Reasons For Penalty:
In determining penalty we took into account that Mr Chmiel was a busy driver and had admitted this breach. Also taken into consideration that Mr Chmiel had a poor record with 3 previous breaches over the recent 12 months but had not been in breach of this Rule for 4 ½ months. We researched penalties imposed for past similar breaches of this Rule and decided that a fine of $300 should be imposed in this case.
Penalty:
On resuming the hearing we gave our reasons and advised that Mr Chmiel was fined the sum of $300.
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: 5bd11a96f759614387ea6f7554add01c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 02/09/2012
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC 2 September 2012 - R 4 (heard on 7 September 2012 at Addington)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S P Renault - Stipendiary Steward
Defendant: Mr T S Chmiel - Open Horseman
Information No: A1809
Meeting: Methven Trotting Club
Venue: Methven
Date: 2 September 2012 (heard on 7 September 2012 at Addington)
Race: 4
Rule No: 869(2)(a)
Judicial Committee: S C Ching, Chairman - J M Phelan, Committee Member
Plea: Admitted
Charge: Breach of Rule 869(2)(a) - excessive use of the whip.
Evidence:
This matter was heard at the NZMTC meeting at Addington Raceway on 7 September 2012.
Following the running of Race 4, the Kaiapoi Working Mens Club Mobile Pace, an Information was filed by Stipendiary Steward Mr SP Renault against Open Horseman Mr T S Chmiel, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The information reads as follows:
"I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that you used your whip in a manner which Stewards deemed to be excessive."
Rule 869(2)(a) reads as follows:
"(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner."
Submissions For Decision:
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted and that he did not want to be present at the hearing.
Mr Renault gave evidence and used video coverage to show that Mr Chmiel’s horse (Bettor’s Lady) was leading at the home turn when Mr Chmiel used his whip on at least 21 occasions over the concluding stages. Mr Renault submitted that the first 5 strikes were measured with distinct pauses but the final 16 strikes were constant with little or no pauses. Mr Renault also submitted that these strikes were forceful.
Reasons For Decision:
As Mr Chmiel had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
Submissions on Penalty:
In relation to penalty Mr Renault advised that Mr Chmiel had previously breached this Rule on 3 occasions over the last 12 months, being 19 November 2011 at Oamaru, $200 fine, 15 April 2012 at Banks Peninsula, $250 fine and on 26 April 2012 at NZMTC had received a 2 day suspension. Mr Renault stated that Mr Chmiel was a busy horseman and had already had 18 drives so far this season and had driven on 385 occasions last season. Mr Renault submitted that credit should be given for Mr Chmiel’s ready admission of the breach and that it had been 4 ½ months since his last breach. Mr Renault submitted that a fine in the vicinity of $300 be imposed in this case.
We adjourned to consider the question of penalty.
Reasons For Penalty:
In determining penalty we took into account that Mr Chmiel was a busy driver and had admitted this breach. Also taken into consideration that Mr Chmiel had a poor record with 3 previous breaches over the recent 12 months but had not been in breach of this Rule for 4 ½ months. We researched penalties imposed for past similar breaches of this Rule and decided that a fine of $300 should be imposed in this case.
Penalty:
On resuming the hearing we gave our reasons and advised that Mr Chmiel was fined the sum of $300.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1d40be61b6ca87bd025e09df4af15dda
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race_emailed1: 0
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race_title: R4
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meet_title: Methven TC - 2 September 2012
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meet_pm1: RMcKenzie
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name: Methven TC