Ashburton TC 16 November 2023 – R9 – Terry Chmiel

Summary of Facts:

Following the running of Race 9, the Respondent Driver Terry Chmiel denied a breach of Whip Rule 869 (2).  The particulars of the charge are that “when driving KIRKMAN he used his whip with more than a wrist flicking motion in the home straight.”

Rule 869 provides that:

(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.

Stipendiary Steward Shane Renault used available video footage to demonstrate the breach. He pointed out Mr Chmiel  driving KIRKMAN racing in the parked position as the field turned for home. Mr Renault alleged that Mr Chmiel had used his whip with more than a wrist flicking motion on at least 6 to 7 times in the home straight. He pointed out Mr Chmiel use his whip early in the straight in a compliant style before activating gear, and using his whip with more than a wrist flicking motion on 6 to 7 occasions before reverting back to a more compliant style for the remainder of the race.

Mr Chmiel, in defense, stated that he was not engaging the elbow and not using the whip with more than a wrist flicking motion. He submitted all of his strikes were with just a wrist flicking motion.

Reasons for Decision:

After careful consideration of the evidence presented and reviewing the films, the Adjudicative Committee was satisfied that Mr Chmiel had engaged his elbow when using the whip and clearly used it on 6 to 7 occasions with more than a wrist flicking motion.

Decision:

The charge is therefore found proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record which indicated a previous breach within the prior 2 months, being a 3-day suspension for more than a wrist flicking motion on 15 October 2023 – 8 drives prior. Mr Renault added that Mr Chmiel’s drives to date this season was 79.

Mr Renault said that Stewards assessed the breach to be low-level and as it was Mr Chmiel’s second breach, a 3 day suspension as per the Penalty Guide be considered as penalty. 

Mr Chmiel elected to make no submissions in regard to penalty apart from requesting that any suspension begin as soon as possible.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as low-level.

The Penalty Guide provides a 3-day suspension starting point for a second breach of this Rule within a 2-month period.

It was determined that there were no aggravating factors to consider, therefore no uplift warranted.

After taking into consideration all factors, the Adjudicative Committee deemed a 3-day suspension, as per the Penalty Guide, to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 3 days commencing after racing on Friday 17 November 2023, up to and including 26 November 2023. Relevant race days encompassed in this period of suspension are Rangiora – 22 November, 25 November – Timaru and Banks Peninsula – 26 November 2023. Of note, the meeting at Addington on 17 November 2023 was not included in the suspension as the Drivers had already been declared for this meeting.