NZ Metro TC 18 March 2016 – R 6 – Chair, Mr R McKenzie
ID: JCA10791
Meet Title:
NZ Metro TC - 18 March 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/03/18
Race Number:
R6
Decision:
The charge was dismissed.
Facts:
Following the running of Race 6, Dominion Trading Company Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr T S Chmiel, alleging that Mr Chmiel, as the driver of PARRAMATTA in the race, drove carelessly in that “on the final bend [he] shifted outwards when not permitted to do so causing interference to CANDERDEL (M J Anderson), GUNPOWDER (J F Curtin) and RUMMAGE (R T May)”.
Mr Chmiel was present at the hearing of the information, and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr Ydgren showed the available video replays of the incident as the field approached the final bend. Mr Chmiel was positioned three places back on the markers. The horse outside the leader was CANDERDEL, driven by Mr Anderson, which had had a hard run in the race and was commencing to weaken. Outside of Mr Anderson was RUMMAGE (R T May) which galloped free of interference. Shortly after, Mr Chmiel shifted his position outwards which, Mr Ydgren submitted, forced Mr Anderson’s horse wider on the track. That inconvenienced GUNPOWDER (J F Curtin) which had to be steadied and it was taken outwards and made contact with RUMMAGE, which galloped again. It was not being alleged that the sole cause of Mr May’s horse breaking was Mr Chmiel’s movement as Mr May had informed Stewards that his horse was racing greenly at the time, Mr Ydgren said.
Mr Ydgren alleged that, at the time that Mr Chmiel made his shift out, Mr Curtin’s horse was in line with and past the helmet and wheels of Mr Anderson’s horse. Therefore, Mr Chmiel was not entitled to make that move, he said. Mr Curtin was forced to restrain his horse and lose ground and momentum and was taken out onto Mr May.
Mr Chmiel said that, on the first occasion on which Mr May’s horse galloped, there was enough room for him to come out, as Mr Anderson was more in the 3-out line than one-out. When he was “through the gap” and clear, Mr Anderson’s horse, which wore a Murphy Blind on the inside, was 3-wide and had overreacted and “ducked out” when it saw Mr Chmiel’s horse. Mr May’s horse had been pacing roughly and had galloped, not as a result of any movement by Mr Chmiel, Mr Chmiel submitted. Mr Ydgren agreed that Mr Anderson’s horse was not racing in a true two-wide position, but was slightly wider.
Mr Curtin told the Committee that it could be seen that Mr Anderson’s horse had its head round and had come out, quite sharply, and further than it should. Mr Chmiel’s horse had come out quite sharply too but, he agreed with Mr Chmiel, Mr Anderson’s horse had overreacted. It had happened on a bend where the horses were “not quite level”, Mr Curtin said. Mr Chmiel said that all of the horses were getting tired at that stage of the race.
In response to a question from Mr Ydgren, Mr Curtin said that he believed that he had been established to the outside of Mr Anderson’s wheel at the time. Mr Chmiel accepted that his horse may have “ducked out a fraction”.
Mr Anderson told the Committee that his horse had been giving ground. It was not a tractable horse to drive and had overreacted when Mr Chmiel shifted out. It had raced erratically throughout. There had been some movement from his inside but he reiterated that his horse had overreacted, Mr Anderson said. He added that he did not necessarily accept that Mr Curtin was established to his outside. He had been preoccupied with avoiding other runners as his own horse was stopping quite quickly, he said.
Mr Chmiel questioned whether, in any event, there was ever a full gap for Mr Curtin to improve into between Mr Anderson and Mr May.
Reasons for Decision:
The Committee had carefully viewed the available video replays of the relevant part of the race and had listened to the evidence and submissions of the parties.
We found that, with approximately 500 metres to run, Mr Chmiel had been racing three places back on the markers. CANDERDEL, driven by Mr Anderson, which had raced fiercely throughout the race outside the leader, commenced to stop quite quickly. Mr Chmiel then eased his runner, PARRAMATTA, off the marker line to the inside of the retreating CANDERDEL. PARRAMATTA did duck out marginally when Mr Chmiel eased it out but it was immediately taken hold of by Mr Chmiel. We did not find that Mr Chmiel’s outward movement was abrupt.
While Mr Curtin may have become marginally established to the outside of Mr Anderson’s wheel, it was the Committee’s view that the interference to CANDERDEL, GUNPOWDER and RUMMAGE was more a consequence of the rate at which CANDERDEL was stopping and that horse’s overreacting to Mr Chmiel’s outwards shift. There was also some doubt as to whether there was a full gap for Mr Curtin to improve between Mr Anderson and Mr May and whether Mr Curtin was established to the outside of Mr Anderson’s wheel at the relevant time. We did not hear from Mr May but we noted that Mr May had told Stewards that his horse, RUMMAGE, had been racing greenly.
It was, in our opinion, reasonable for Mr Chmiel to attempt to ease off the markers at the point that he did and we are satisfied that he did so with reasonable care.
On the basis of the available video replays that we viewed and having heard from Mr Ydgren, Mr Chmiel and Mr Chmiel’s two witnesses, the Committee was not satisfied that it had been shown, to the required standard of the balance of probabilities, that Mr Chmiel had driven carelessly.
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: 0d1af11fc03fb4a010b0e7949c8d9d82
informantnumber: A8021
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 0
decisiondate: 22/03/2016
hearing_title: NZ Metro TC 18 March 2016 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Dominion Trading Company Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr T S Chmiel, alleging that Mr Chmiel, as the driver of PARRAMATTA in the race, drove carelessly in that “on the final bend [he] shifted outwards when not permitted to do so causing interference to CANDERDEL (M J Anderson), GUNPOWDER (J F Curtin) and RUMMAGE (R T May)”.
Mr Chmiel was present at the hearing of the information, and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed the available video replays of the incident as the field approached the final bend. Mr Chmiel was positioned three places back on the markers. The horse outside the leader was CANDERDEL, driven by Mr Anderson, which had had a hard run in the race and was commencing to weaken. Outside of Mr Anderson was RUMMAGE (R T May) which galloped free of interference. Shortly after, Mr Chmiel shifted his position outwards which, Mr Ydgren submitted, forced Mr Anderson’s horse wider on the track. That inconvenienced GUNPOWDER (J F Curtin) which had to be steadied and it was taken outwards and made contact with RUMMAGE, which galloped again. It was not being alleged that the sole cause of Mr May’s horse breaking was Mr Chmiel’s movement as Mr May had informed Stewards that his horse was racing greenly at the time, Mr Ydgren said.
Mr Ydgren alleged that, at the time that Mr Chmiel made his shift out, Mr Curtin’s horse was in line with and past the helmet and wheels of Mr Anderson’s horse. Therefore, Mr Chmiel was not entitled to make that move, he said. Mr Curtin was forced to restrain his horse and lose ground and momentum and was taken out onto Mr May.
Mr Chmiel said that, on the first occasion on which Mr May’s horse galloped, there was enough room for him to come out, as Mr Anderson was more in the 3-out line than one-out. When he was “through the gap” and clear, Mr Anderson’s horse, which wore a Murphy Blind on the inside, was 3-wide and had overreacted and “ducked out” when it saw Mr Chmiel’s horse. Mr May’s horse had been pacing roughly and had galloped, not as a result of any movement by Mr Chmiel, Mr Chmiel submitted. Mr Ydgren agreed that Mr Anderson’s horse was not racing in a true two-wide position, but was slightly wider.
Mr Curtin told the Committee that it could be seen that Mr Anderson’s horse had its head round and had come out, quite sharply, and further than it should. Mr Chmiel’s horse had come out quite sharply too but, he agreed with Mr Chmiel, Mr Anderson’s horse had overreacted. It had happened on a bend where the horses were “not quite level”, Mr Curtin said. Mr Chmiel said that all of the horses were getting tired at that stage of the race.
In response to a question from Mr Ydgren, Mr Curtin said that he believed that he had been established to the outside of Mr Anderson’s wheel at the time. Mr Chmiel accepted that his horse may have “ducked out a fraction”.
Mr Anderson told the Committee that his horse had been giving ground. It was not a tractable horse to drive and had overreacted when Mr Chmiel shifted out. It had raced erratically throughout. There had been some movement from his inside but he reiterated that his horse had overreacted, Mr Anderson said. He added that he did not necessarily accept that Mr Curtin was established to his outside. He had been preoccupied with avoiding other runners as his own horse was stopping quite quickly, he said.
Mr Chmiel questioned whether, in any event, there was ever a full gap for Mr Curtin to improve into between Mr Anderson and Mr May.
reasonsfordecision:
The Committee had carefully viewed the available video replays of the relevant part of the race and had listened to the evidence and submissions of the parties.
We found that, with approximately 500 metres to run, Mr Chmiel had been racing three places back on the markers. CANDERDEL, driven by Mr Anderson, which had raced fiercely throughout the race outside the leader, commenced to stop quite quickly. Mr Chmiel then eased his runner, PARRAMATTA, off the marker line to the inside of the retreating CANDERDEL. PARRAMATTA did duck out marginally when Mr Chmiel eased it out but it was immediately taken hold of by Mr Chmiel. We did not find that Mr Chmiel’s outward movement was abrupt.
While Mr Curtin may have become marginally established to the outside of Mr Anderson’s wheel, it was the Committee’s view that the interference to CANDERDEL, GUNPOWDER and RUMMAGE was more a consequence of the rate at which CANDERDEL was stopping and that horse’s overreacting to Mr Chmiel’s outwards shift. There was also some doubt as to whether there was a full gap for Mr Curtin to improve between Mr Anderson and Mr May and whether Mr Curtin was established to the outside of Mr Anderson’s wheel at the relevant time. We did not hear from Mr May but we noted that Mr May had told Stewards that his horse, RUMMAGE, had been racing greenly.
It was, in our opinion, reasonable for Mr Chmiel to attempt to ease off the markers at the point that he did and we are satisfied that he did so with reasonable care.
On the basis of the available video replays that we viewed and having heard from Mr Ydgren, Mr Chmiel and Mr Chmiel’s two witnesses, the Committee was not satisfied that it had been shown, to the required standard of the balance of probabilities, that Mr Chmiel had driven carelessly.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: T S Chmiel, Licensed Open Horseman
Otherperson: J F Curtin, Licensed Open Horseman, M J Anderson, Licensed Junior Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 60dbc74c6fe02bef6d6962c953ed25dc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 41a76e4547ebee85a1ec6f77f775caca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/03/2016
meet_title: NZ Metro TC - 18 March 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC