NZ Metro TC 19 May 2023 – R2 – Terry Chmiel

Summary of Facts:

Following the running of Race 2, the Respondent Terry Chmiel admitted a breach of Whip Rule 869(2).

The particulars of the charge are that when driving LOVEY DOVEY NOVA, he used his whip with more than a flicking motion in the run home.

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.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 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.

Stipendiary Steward Vinny Munro used available video footage to demonstrate the alleged breach. Mr Munro pointed out Mr Chmiel draw his whip and use it with more than a wrist flicking motion on four occasions over the concluding stages of the race.

In response, the Respondent advised the Adjudicative Committee that he was having difficulty adopting to the new Whip and Rein Regulations.

Decision:

As Mr Chmiel has admitted the breach, it is therefore found proved.

Submission For Penalty:

Mr Munro stated that Mr Chmiel was warned regarding use of his whip in more than a wrist flicking motion 52 drives ago. He submitted that this breach was low-level and with the Penalty Guide providing a starting point of a $300 for a mid range. Mr Munro submitted that a fine commensurate with a low level breach be considered as penalty.

The Respondent submitted that a fine of $200 be considered as penalty.

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 agreed with the Stewards and also assessed the breach as low-level.

The Penalty Guide provides a $300 fine as a starting point for an initial mid range breach of this Rule.

Taking all factors into consideration including the low level of the breach and the Respondent’s ready admission, it was determined that a fine of $250 was an appropriate penalty in this case.

Conclusion:

The Respondent is fined the sum of $250.