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NZ Metro TC 25 June 2021 - R 8 (heard 27 June 2021 at Timaru) - Chair, Mr D Anderson



869(2)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren – Chief Stipendiary Steward

Respondent: Mr T Chmiel – Open Driver

Information Number: A12680

Meeting: NZ Metropolitan Trotting Club

Date: 25 June 2021 (heard Timaru 27 June 2021)

Venue: Addington

Race No: 8

Rule Number: 869(2)

Judicial Committee: Mr D Anderson, Chair

Also present: Miss R Haley – Stipendiary Steward

Charge: Breach of Whip Regulations

Plea: Admitted

Evidence:

Following the running of Race 8, 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 (KOWHAI MAGIC) used his whip with more than a wrist flicking motion in the home straight.”

The Information was held over from Friday 25 June and the hearing was held prior to racing at Timaru Sunday 27 June 2021.

Mr Chmiel signed the Information admitting the breach and stated he was conversant with the Rule.

Rule 869 provides as follows:

(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

(3.3) A driver shall not use a whip in an unapproved manner.

(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

Mr Ydgren used the race video to identify Mr Chimel driving (9) KOWHAI MAGIC, racing 3wide on entering the home straight. Mr Ydgren pointed to Mr Chmiel using his whip with more than a wrist flicking motion. He said Mr Chmiel has engaged his elbow and shoulder on several occasions and was therefore in breach of the Rule.

Mr Chmiel had nothing to add to Mr Ydgren’s assessment.

DECISION:

The charge was found proved.

SUBMISSIONS FOR PENALTY:

Mr Ydgren said Mr Chmiel has a previous breach of this Rule in March where he was fined $200. He said Mr Chmiel has admitted the breach at the earliest opportunity.

He said for a medium-level breach, which this is, a fine of $500 or a short period of suspension is recommended.

Mr Ydgren stated for the Committee’s consideration, Mr Chmiel drove in 3 races on Friday and has 4 engagements today Sunday, if Mr Chmiel favoured a suspension.

Mr Chmiel said he would prefer a suspension over a fine. He said he would start any suspension immediately.

REASONS FOR PENALTY:

The JCA Penalty Guide provides a starting point of a $500 fine or a short period of suspension (2 days) for a mid-level breach.

The Committee has assessed this breach at mid-level.

There are no aggravating factors here.

The Committee considers a 2-day suspension appropriate in this case.

PENALTY:

Accordingly, Mr Chmiel’s Open Horseman’s Licence is suspended from the close of racing today up to and including racing on 4 July 2021.

Meetings encompassed in this suspension are: NZMTC 2nd July and NZMTC 4th July 2021.

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