NZ Metro TC - 9 October 2010 - R 7

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.