NZ Metro TC 13 May 2022 – R5 – Terry Chmiel

BACKGROUND:

Following the running of  Race 5, Hornby Colourplus Mobile Pace, the Respondent, Driver Terry Chmiel, admitted a breach of Rule 869(3)(b) in that, as the driver of KOWHAI MAGIC in the race, he drove carelessly near the 1100 metres when allowing his runner to strike the sulky wheel of DEJA BLUE (Ben Hope) which punctured.

The Respondent had left the course, but participated in the hearing by way of telephone link. He confirmed that he understood the Rule and the nature of the charge and that he admitted the breach.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly. 

EVIDENCE:

Using available video replays, Stipendiary Steward, Shane Renault, identified the horses involved in the incident  – namely, KOWHAI MAGIC, driven by the Respondent, and DEJA BLUE, driven by Ben Hope. He pointed out that, near the 1100 metres, KOWHAI MAGIC was racing three places back in the running line, following DEJA BLUE. The Respondent then pulled out to improve 3-wide and, in doing so, his horse contacted the sulky wheel of DEJA BLUE, deflating the tyre. Mr Chmiel’s runner went on to the parked position.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY;

Mr Renault said that the Respondent has had 51 drives this  season (from 1 January 2022) and, last season, had 365 drives. His record is clear of  careless driving breaches.

The Penalty Guide starting point is a 6-drive suspension or a $300 fine. Stewards believe that an appropriate penalty is a 2-day suspension, Mr Renault  said.

Mr Chmiel did not seek a deferment.

REASONS FOR PENALTY:

This a medium-level breach. Mr Chmiel has misjudged his clearance when shifting out to improve 3-wide at the 1100 metres. His horse’s near-front leg has struck the outside sulky wheel of Mr Hope’s runner, causing the tyre to puncture. Mr Hope’s runner was able to finish the race, but its chances were clearly affected and it finished in last placing of the runners that finished. It was noted that KOWHAI MAGIC finished in 8th placing.

The Committee noted the Penalty Guide starting point as referred to by Mr Renault. Mr Chmiel would have 3-4 drives on most racedays and, on that basis, a 2-day suspension is the appropriate penalty. This penalty allows for the mitigating factors of the Respondent’s good record and his admission of the breach.

CONCLUSION:

The Respondent’s Licence is suspended for 2 days commencing after racing on 15 May 2022 up to and including racing on 20 May 2022. The two meetings intended to be encompassed by the period of suspension are the meetings of NZ Metropolitan TC on 17 May and 20 May 2022.