Timaru HRC 29 September 2024 – R7 – Terry Chmiel

EVIDENCE:

Following the running of Race 7, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 869(2) by Driver Mr Terry Chmiel.

Rule 869 provides:

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

The Whip and Rein Regulations provide:

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.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

Mr Chmiel stated he was conversant with the Charge, the Rule and confirmed he did not admit the breach.

Mr Renault played the race video to identify Mr Chmiel (GOORAMBAT ART) 3 wide approaching the home straight. He pointed to Mr Chmiel and contended his whip action was too high, which had engaged the elbow on five occasions as the field entered the home straight. Mr Renault said the Stewards appreciate Mr Chmiel’s horse was hanging, but his whip action was outside of the boundary for this Rule.

Mr Chmiel said “maybe the first two were in breach, but if I was sitting normally instead of leaning forward, the incident wouldn’t look as bad”. He said there was no force involved and at the time, he thought he was only using his wrist.

REASONS FOR DECISION:

The race video was played many times as the hearing progressed, which obviously, given Mr Chmiel’s submissions, had convinced him that in fact, a breach of the Rule had indeed taken place.

The Adjudicative Committee was of the clear opinion Mr Chmiel’s elbow, and at times, shoulder, had been engaged when striking his horse at the top of the home straight.

DECISION:

The Charge was found to be proved.

SUBMISSIONS FOR PENALTY:

Mr Renault stated Mr Chmiel had driven 89 times this season and was warned in relation to this Rule on 16 August. He said the Stewards viewed the breach at low level and would seek a penalty in line with the Guidelines.

Mr Chmiel made no comment on penalty, other than to request a fine over a suspension.

REASONS FOR PENALTY:

The Penalty Guidelines provide a $300 fine or a 2 day suspension for a first breach of the Rule at low level. The Adjudicative Committee can see no factors to convince it to depart from the Guidelines on this occasion and impose a $300 fine as the appropriate penalty.

CONCLUSION:

Driver Terry Chmiel is fined $300.