NZ Metro TC 5 February 2011 – R 6
ID: JCA16146
Meet Title:
NZ Metro TC - 5 February 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/02/05
Race Number:
R6
Decision:
The charge was found proved.
Penalty:
Mr Chmiel was fined the sum of $250.
Charge:
Following the running of Race 6, United Fisheries Limited Trotting Free-for-All, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr T S Chmiel, alleging a breach of Rule 869 (2) (c) in that Mr Chmiel, as the driver of BEAT THE MONARCH in the race, “projected his whip outside the confines of his sulky in the run home”.
Mr Chmiel was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
Facts:
Mr Taumanu showed head-on and rear-on video replays of the final 300 metres of the race. He pointed out Mr Chmiel driving BEAT THE MONARCH making ground along the markers. He said it was clear that Mr Chmiel had used his whip, in his right hand, on a number of occasions well outside the confines of the sulky. On this occasion, no other runner had been impeded, Mr Taumanu said. It was agreed by Mr Chmiel that there were approximately 10 strikes with the whip that were outside the confines of the sulky.
Mr Chmiel said that his arm had not been outside the sulky, only the whip. He said that he had misunderstood the Rule. He accepted that he needed to change his whip action. He pointed out that it was a Group 3 race and he was trying to finish in the best possible placing, Mr Chmiel said. The Committee noted that BEAT THE MONARCH finished in 4th placing.
Submissions for Penalty:
Mr Taumanu informed the Committee that Mr Chmiel had breached the Rule and been fined the sum of $200 on 9 October 2010.
Mr Chmiel asked the Committee to take into account that he will take steps to remedy his whip action so as not to reoffend. He acknowledged that he had received a fine of $200 in October of last year but he had not been charged since, he said.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Chmiel’s very frank admission of the breach and his undertaking to correct his whip action. On the other hand, the Committee had regard to Mr Chmiel’s previous breach of the Rule and the Group 3 status of today’s race.
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: c2c0a62d73dec6db59c3867bd2c1b40f
informantnumber: 69116
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/02/2011
hearing_title: NZ Metro TC 5 February 2011 - R 6
charge:
Following the running of Race 6, United Fisheries Limited Trotting Free-for-All, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr T S Chmiel, alleging a breach of Rule 869 (2) (c) in that Mr Chmiel, as the driver of BEAT THE MONARCH in the race, “projected his whip outside the confines of his sulky in the run home”.
Mr Chmiel was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
facts:
Mr Taumanu showed head-on and rear-on video replays of the final 300 metres of the race. He pointed out Mr Chmiel driving BEAT THE MONARCH making ground along the markers. He said it was clear that Mr Chmiel had used his whip, in his right hand, on a number of occasions well outside the confines of the sulky. On this occasion, no other runner had been impeded, Mr Taumanu said. It was agreed by Mr Chmiel that there were approximately 10 strikes with the whip that were outside the confines of the sulky.
Mr Chmiel said that his arm had not been outside the sulky, only the whip. He said that he had misunderstood the Rule. He accepted that he needed to change his whip action. He pointed out that it was a Group 3 race and he was trying to finish in the best possible placing, Mr Chmiel said. The Committee noted that BEAT THE MONARCH finished in 4th placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Taumanu informed the Committee that Mr Chmiel had breached the Rule and been fined the sum of $200 on 9 October 2010.
Mr Chmiel asked the Committee to take into account that he will take steps to remedy his whip action so as not to reoffend. He acknowledged that he had received a fine of $200 in October of last year but he had not been charged since, he said.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Chmiel’s very frank admission of the breach and his undertaking to correct his whip action. On the other hand, the Committee had regard to Mr Chmiel’s previous breach of the Rule and the Group 3 status of today’s race.
penalty:
Mr Chmiel was fined the sum of $250.
hearing_type: Hearing
Rules: 869 (2) (c)
Informant: T W Taumanu - Stipendiary Steward
JockeysandTrainer: T S Chmiel - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7b0aabf31cb89eb4626d7f1d0f7eafe2
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: d6560abf8eeee1f6d2c51f8ba81eab7b
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2011
meet_title: NZ Metro TC - 5 February 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}, {"Comment": [], "kmprice": 0.0, "MemberID": "JPhelan", "Member": "", "KMs": "0", "OtherExpenses": "0", "Total": "0.0", "MemberRole": "Panel member 1 ", "Approved": "on"}]
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC