Forbury Park TC - 24 June 2010 - R 2
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mrs K R Williams
Defendant: Mr T S Chmiel
Information No: 68805
Meeting: Forbury Park Trotting Club
Date: 24 June 2010
Venue: Forbury Park
Race: 2
Rule No: 869 (2) (a)
Judicial Committee: N D Skelt, Chairman - J L Eagles, Committee Member
Plea: Admitted
CHARGES:
Mr Chmiel was charged under rule 869 (2) (a) alleging that he used his whip excessively on Candlestick in the run home. Mr Chmiel admitted the breach of the rule.
FACTS/SUBMISSION:
Stipendiary Steward Mrs Williams showed the committee several video clips of the alleged incident highlighting the fact that Mr Chmiel hit his horse Candlestick 29 times in the run to the winning post. Mr Williams was of the opinion that Mr Chmiel made no effort to break up his whip action or stop and start again and that his actions in her opinion were excessive.
Mr Chmiel said that he had been told by the trainer of Candlestick ( Mrs Hari) that he was to keep it up to the horse otherwise the horse would simply knock off. Mr Chmiel said that he drove the horse out because the horse had not received any stake money in recent starts and it would be good for the owners if he could achieve a stake bearing place - in this instance $252 for fourth placing.
DECISION:
The committee was satisfied a breach of the rule had occurred as the video evidence was very clear and Mr Chmiel’s frank and open statement confirmed that the horse Candlestick was hit 29 times.
SUBMISSION(s) ON PENALTY:
Mrs Williams stated that Mr Chmiel had a clear record over the past 12 months under this rule however she believed that the excessive use on this occasion was at the higher end of the scale. Mrs Williams recommended a penalty of $250.
Mr Chmiel said that the horse would not have finished fourth if he had not urged it along and he believed that Mrs Williams’ recommendation was extreme.
PENALTY:
Mr Chmiel was fined the sum of $225. His early guilty plea and excellent driving under this rule was taken into account by the committee in fixing penalty. Mr Chmiel however was reminded that the breach was at the very high end of the scale and that he needed to take more care in the future.
N D Skelt J L Eagles
Chairman Committee Member
68805
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