NZ Metro TC 26 April 2012 – R 11
ID: JCA14018
Meet Title:
NZ Metro TC - 26 April 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/04/26
Race Number:
R11
Decision:
The charge was found to be proved.
Penalty:
Mr Chmiel’s license to drive was therefore suspended from the close of racing on Sunday 29 April 2012 up to and including racing on 6 May 2012. This includes the two meetings at Forbury Park 3 May and Ashburton 6 May 2012.
Charge:
Alleged breach of Rule 869(2)(a) - Excessive use of the whip.
Facts:
Following the running of Race 11, the Trevinos-Bar & Restaurant Mobile Pace, an Information was filed by Stipendiary Steward Mr C J Allison 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 charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that T S Chmiel “Tapestry Franco” used his whip excessively over the final 400metres.”
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 he also agreed that he understood the charge and the Rule it was brought under.
Mr Allison gave evidence and used video coverage to show that Mr Chmiel’s horse was leading the field at the 400m and from that point Mr Chmiel began to use the whip. Mr Chmiel continued to use the whip over the concluding stages with Mr Allison estimating 23 to 24 strikes on “Tapestry Franco”. Mr Allison submitted that Mr Chmiel had begun using the whip too early and this had resulted in the number of strikes being too many.
Mr Chmiel submitted that “Tapestry Franco” was a lazy horse and would not perform without the driver chasing him up and being made to work.
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).
Submissions for Penalty:
In relation to penalty Mr Allison advised that Mr Chmiel had been in breach of this Rule twice within the last 6 months. He had been fined $200 and $250 respectively for similar breaches on 19 November 2011 and 15 April 2012. He submitted that Mr Chmiel should be given credit for his frank admission of the breach. He stated that Mr Chmiel was a busy driver with 308 drives so far this season and 464 drives recorded last season. He submitted that a fine of $400-00 or a 2 day suspension should be imposed in this case.
Mr Chmiel when questioned stated that he would normally average 5-7 drives at most meetings he attended in the South Island. He submitted that he would prefer a combination of fine and suspension.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Chmiel’s frank admission of the breach as a mitigating feature. However, his penalty record in relation to this Rule was poor, with two breaches within the last six months. The Committee believed that a term of suspension was required with this case. Taking all the above matters into account it was decided that a suspension of two days be imposed.
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: 8d468e794b71c0136c0d4981441c15f9
informantnumber: A5996
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2012
hearing_title: NZ Metro TC 26 April 2012 - R 11
charge:
Alleged breach of Rule 869(2)(a) - Excessive use of the whip.
facts:
Following the running of Race 11, the Trevinos-Bar & Restaurant Mobile Pace, an Information was filed by Stipendiary Steward Mr C J Allison 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 charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) in that T S Chmiel “Tapestry Franco” used his whip excessively over the final 400metres.”
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Allison gave evidence and used video coverage to show that Mr Chmiel’s horse was leading the field at the 400m and from that point Mr Chmiel began to use the whip. Mr Chmiel continued to use the whip over the concluding stages with Mr Allison estimating 23 to 24 strikes on “Tapestry Franco”. Mr Allison submitted that Mr Chmiel had begun using the whip too early and this had resulted in the number of strikes being too many.
Mr Chmiel submitted that “Tapestry Franco” was a lazy horse and would not perform without the driver chasing him up and being made to work.
reasonsfordecision:
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.
sumissionsforpenalty:
In relation to penalty Mr Allison advised that Mr Chmiel had been in breach of this Rule twice within the last 6 months. He had been fined $200 and $250 respectively for similar breaches on 19 November 2011 and 15 April 2012. He submitted that Mr Chmiel should be given credit for his frank admission of the breach. He stated that Mr Chmiel was a busy driver with 308 drives so far this season and 464 drives recorded last season. He submitted that a fine of $400-00 or a 2 day suspension should be imposed in this case.
Mr Chmiel when questioned stated that he would normally average 5-7 drives at most meetings he attended in the South Island. He submitted that he would prefer a combination of fine and suspension.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Chmiel’s frank admission of the breach as a mitigating feature. However, his penalty record in relation to this Rule was poor, with two breaches within the last six months. The Committee believed that a term of suspension was required with this case. Taking all the above matters into account it was decided that a suspension of two days be imposed.
penalty:
Mr Chmiel’s license to drive was therefore suspended from the close of racing on Sunday 29 April 2012 up to and including racing on 6 May 2012. This includes the two meetings at Forbury Park 3 May and Ashburton 6 May 2012.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: C J Allison-Stipendiary Steward
JockeysandTrainer: T S Chmiel-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b282ffbc42a0ddaf55bae064c2e8a8b1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4efb971631ef5aaa9c7c5b5c405c0752
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/04/2012
meet_title: NZ Metro TC - 26 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC