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NZ Metro TC 11 September 2020 - R 4 - Chair, Mr D Anderson

Created on 14 September 2020

Rules:
869(2)
Committee:
DAnderson (chair)
SChing
Name(s):
Mr T Chmiel - Open Driver
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A13281
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 4 an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver Mr T Chmiel. The information alleged, T Chmiel (SHESHEARTANDSOLE) used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr Chmiel had signed the information stating he did admit the breach and confirmed to the Committee he had a clear understanding of the rule he had been charged with.

Rule 869(2) provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Ydgren used the race video to identify Mr Chmiel driving (SHESHEARTANDSOLE), racing 3 back on the outside with approximately 500 metres to run. Mr Ydgren counted 21 strikes in the run to the finishing post. He stated the strikes were with the whip held in conjunction with the rein and although not forceful they were strikes with a downward motion and counted as part of the Use of Whip Regulations.

Mr Chmiel was satisfied with Mr Ydgren’s submissions and had nothing to add.

Decision:

As per Mr Chmiel admission the charge was found proved.

Submission For Penalty:

Mr Ydgren stated Mr Chmiel’s most previous breach under the rule was in November 2019 well outside the reset period. He said the penalty Guidelines were clear in respect of a breach involving 17 plus strikes and the Stewards saw this appropriate in this case.

Mr Chmiel made no submissions on penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a $500 fine for a breach involving 17+ strikes, mitigation inclusive.

There are no aggravating factors here to consider.

The Committee after carefully considering all the above factors impose a $500 fine as an appropriate penalty in this case.

Penalty:

Accordingly, Mr Chimel is fined $500.

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