NZ Metro TC – 9 October 2010 – R 7
ID: JCA18687
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/09
Race Number:
R 7
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Chief Stipendiary Steward Mr N. R. Escott
--Defendant: Mr T. S. Chmiel – Open Horseman (did not attend)
--Information No: 69358
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 9 October 2010
--Venue: Addington Raceway
--Race 7: Fahey Fence Hire Mobile Pace
--Rule: 869(2)(c)
--Judicial Committee: J. M. Phelan, Chairman - K. G. Hales, Committee Member
--Plea: Admitted
----
Charge:
--Following the running of Race 7, the Fahey Fence Hire Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr T. S. Chmiel alleging a breach of Rule 869(2)(c). It was alleged that Mr Chmiel used his whip outside the confines of his sulky.
----
The Information reads as follows.
----
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(c) in that T. S. Chmiel (Crown Prince) used his whip outside the confines of his sulky.”
----
Rule 869(2)(c) reads as follows.
----
“(2) No horseman shall during any race:-
--(a) ….
--(b) ….
--(c) Project his whip outside the sulky or draw his whip further back than the sulky seat.”
----
Facts:
--Mr Escott gave evidence and used video coverage to show that in the final straight Mr Chmiel had used his whip outside the confines of his sulky.
----
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.
----
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 on Penalty:
--Mr Escott made submissions that Mr Chmiel had not previously breached Rule 869(2)(c) and that an appropriate penalty in this case was a fine of $200-00. We were satisfied that a fine of this amount was in line with the Penalty Guide and previous penalties imposed for a breach of this Rule.
----
Penalty:
--Accordingly Mr Chmiel was fined the sum of $200-00.
----
--
--
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: 1e938bb738f496e7f98e30a41ef6163f
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 9 October 2010 - R 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Chief Stipendiary Steward Mr N. R. Escott
--Defendant: Mr T. S. Chmiel – Open Horseman (did not attend)
--Information No: 69358
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 9 October 2010
--Venue: Addington Raceway
--Race 7: Fahey Fence Hire Mobile Pace
--Rule: 869(2)(c)
--Judicial Committee: J. M. Phelan, Chairman - K. G. Hales, Committee Member
--Plea: Admitted
----
Charge:
--Following the running of Race 7, the Fahey Fence Hire Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr T. S. Chmiel alleging a breach of Rule 869(2)(c). It was alleged that Mr Chmiel used his whip outside the confines of his sulky.
----
The Information reads as follows.
----
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(c) in that T. S. Chmiel (Crown Prince) used his whip outside the confines of his sulky.”
----
Rule 869(2)(c) reads as follows.
----
“(2) No horseman shall during any race:-
--(a) ….
--(b) ….
--(c) Project his whip outside the sulky or draw his whip further back than the sulky seat.”
----
Facts:
--Mr Escott gave evidence and used video coverage to show that in the final straight Mr Chmiel had used his whip outside the confines of his sulky.
----
Mr Chmiel had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.
----
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 on Penalty:
--Mr Escott made submissions that Mr Chmiel had not previously breached Rule 869(2)(c) and that an appropriate penalty in this case was a fine of $200-00. We were satisfied that a fine of this amount was in line with the Penalty Guide and previous penalties imposed for a breach of this Rule.
----
Penalty:
--Accordingly Mr Chmiel was fined the sum of $200-00.
----
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(c)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: eb9566710c64aed139e23185f9fdbfd2
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: 57d4070e3aff1c8941edf1303ea5e803
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/10/2010
meet_title: NZ Metro TC - 9 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: NZ Metro TC