NZ Metro TC 2 August 2019 – R 7 – Chair, Mr D Jackson
ID: JCA15785
Meet Title:
NZ Metro TC - 2 August 2019
Meet Chair:
DJackson
Meet Committee Member 1:
HWeston
Race Date:
2019/08/02
Race Number:
R 7
Decision:
In light of Mr Chmiel’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
Penalty:
Accordingly, Mr Chmiel is suspended for three days from the conclusion of racing on 2 August 2019 up to the conclusion of racing (at Addington) on 16 August 2019. The dates captured by the suspension are Gore on 10 August, Rangiora on 11 August and Addington on 16 August 2019.
Facts:
Mr Chmiel admits an information laid by Chief Stipendiary Steward, Mr N Ydgren, alleging that during Race 7 of this meeting he used his whip excessively over the concluding stages of the race when driving OVERARM.
This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Chmiel countersigned the information admitting the charge and confirmed same when he appeared before the Committee.
Through video evidence Mr Ydgren showed Mr Chmiel strike his drive with the whip 13 times during its run down the home straight to the finish.
Submissions for Penalty:
Mr Ydgren submitted that Mr Chmiel ought to be suspended, this being his second breach within the six month or 200 drive window under the use of whip regulations (having been fined for same on 4 April 2019). Mr Ydgren referred to the JCA Penalty Guidelines and the use of whip regulations, which include a schedule of penalties per a sliding scale referenced to the number of strikes, which are grouped into bands. He submitted that a 13 strike second breach called for a starting point suspension of 3 to 5 days.
Mr Chmiel accepted a suspension but naturally, wanted the lowest suspension possible in the circumstances. He submitted that he intended to take some horses and drive at the upcoming Gore meeting and that that date ought to be included for the purposes of calculating his suspension. Mr Ydgren did not contest the inclusion of that date noting that Mr Chmiel had been travelling to Forbury Park of late.
Reasons for Penalty:
The JCA Penalty Guidelines provide for a starting point suspension of three to five days. The Committee determines that a four-day starting point is appropriate for a second breach of this rule. There will be a discount of one day for his admission. The Committee will include the Gore meeting on 10 August meaning that, in addition, he will be suspended for the Rangiora and Addington meetings on 11th and 16th August.
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: d07feec81c4cc5f66d1541d0bb2c01da
informantnumber: A10756
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 05/08/2019
hearing_title: NZ Metro TC 2 August 2019 - R 7 - Chair, Mr D Jackson
charge:
facts:
Mr Chmiel admits an information laid by Chief Stipendiary Steward, Mr N Ydgren, alleging that during Race 7 of this meeting he used his whip excessively over the concluding stages of the race when driving OVERARM.
This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.
The Use of Whip Guidelines (effective 1 November 2017) provides (b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Chmiel countersigned the information admitting the charge and confirmed same when he appeared before the Committee.
Through video evidence Mr Ydgren showed Mr Chmiel strike his drive with the whip 13 times during its run down the home straight to the finish.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
In light of Mr Chmiel’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that Mr Chmiel ought to be suspended, this being his second breach within the six month or 200 drive window under the use of whip regulations (having been fined for same on 4 April 2019). Mr Ydgren referred to the JCA Penalty Guidelines and the use of whip regulations, which include a schedule of penalties per a sliding scale referenced to the number of strikes, which are grouped into bands. He submitted that a 13 strike second breach called for a starting point suspension of 3 to 5 days.
Mr Chmiel accepted a suspension but naturally, wanted the lowest suspension possible in the circumstances. He submitted that he intended to take some horses and drive at the upcoming Gore meeting and that that date ought to be included for the purposes of calculating his suspension. Mr Ydgren did not contest the inclusion of that date noting that Mr Chmiel had been travelling to Forbury Park of late.
reasonsforpenalty:
The JCA Penalty Guidelines provide for a starting point suspension of three to five days. The Committee determines that a four-day starting point is appropriate for a second breach of this rule. There will be a discount of one day for his admission. The Committee will include the Gore meeting on 10 August meaning that, in addition, he will be suspended for the Rangiora and Addington meetings on 11th and 16th August.
penalty:
Accordingly, Mr Chmiel is suspended for three days from the conclusion of racing on 2 August 2019 up to the conclusion of racing (at Addington) on 16 August 2019. The dates captured by the suspension are Gore on 10 August, Rangiora on 11 August and Addington on 16 August 2019.
hearing_type: Hearing
Rules: 869(2)(A)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr T Chmiel - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0a0f39d7d56bc7efe66cea8281fc273f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6588692f1de8c8f768ad6e4081f413fc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/08/2019
meet_title: NZ Metro TC - 2 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC