Banks Peninsula TC - 3 October 2010 - R 1
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N G McIntyre, Stipendiary Steward
Defendant: T S Chmiel, Licensed Open Horseman
Information No: 69342
Meeting: Banks Peninsula Trotting Club
Date: Sunday, 3 October 2010
Venue: Motukarara Raceway
Race: 1
Rule No: 869 (2) (a)
Judicial Committee: R G McKenzie, Chairman – J Millar, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 1, All Signed Up/Dalgety Racing Stables Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr T S Chmiel, alleging a breach of Rule 869 (2) (a) in that Mr Chmiel, as the driver of TAPESTRY FRANCO in the race, “used his whip excessively in the run home”.
Mr Chmiel had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
SUBMISSION(S):
Mr McIntyre showed a video replay of the final 400 metres of the race. He pointed out TAPESTRY FRANCO, driven by Mr Chmiel, next to the running rail, leading the field into the home straight. He alleged that, from that point, Mr Chmiel used his whip on approximately 22 occasions to the finishing line. That allegation was borne out by the video replay. The Committee noted that TAPESTRY FRANCO finished in 4th placing.
Mr McIntyre stated that, while the whip strikes were “broken up”, 22 times was simply too much and unacceptable
REASON(S):
The Committee noted Mr Chmiel’s admission of the breach. It was satisfied that Mr Chmiel had used the whip 22 times in the final 300 metres and agreed with Mr McIntyre that that was too much, or excessive.
DECISION:
The breach was found proved.
SUBMISSION(S) ON PENALTY:
Mr McIntyre submitted that the Committee should take into account Mr Chmiel’s frank admission of the breach. However, he said, Mr Chmiel had been fined the sum of $250 for a breach of the same Rule at Forbury Park on 24 June 2010.
Mr Chmiel had 562 drives in the 2009/2010 season and, in the current season to date, 44 drives, Mr McIntyre said.
Mr McIntyre submitted that a fine of $250 was appropriate.
REASONS:
In arriving at penalty, the Committee took into account Mr Chmiel’s admission of the breach as a mitigating factor. An aggravating factor was Mr Chmiel’s previous breach in June. To use the whip 22 times in the run home was excessive but, the Committee accepted, Mr Chmiel had paused on several occasions. Taking all matters into account, the Committee was satisfied that the fine submitted by Mr McIntyre was appropriate.
PENALTY:
Mr Chmiel was fined the sum of $250.
