NZ Metro TC 24 June 2022 – R12 – Terry Chmiel

BACKGROUND:

Following the running of Race 12, First Direct Taxis Mobile Pace, an Information was filed by Chief Stipendiary Steward, Nigel McIntyre, alleging that the Respondent Driver, Terry Chmiel, breached Rule 869(6)(b) and (c) in that, as the Driver of SCARED STIFF in the race, he shifted outwards near the 1020 metres forcing LUMINATE (Sam Thornley) wider on the track.

The Respondent admitted the breach and endorsed the Information accordingly. He sought leave of the Adjudicative Committee to be not required to attend the hearing. The hour was late and the Respondent said that he he had horses to attend to. The Adjudicative Committee waived his attendance.

The “Pushout Rule” (Rule 869) provides:

(6)  Subject to sub-rule (4) hereof:

(a)  drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;

(b)  a horse during any race shall not be forced to race wider on the track;

(c)  a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past

(7)  Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed video replays of the incident just prior to the 1000 metres. He pointed out SCARED STIFF, driven by the Respondent, racing four places back on the markers with LUMINATE (Sam Thornley) racing to his outside in the one-one. Mr McIntyre  then showed that, just prior to the 1000 metres, the Respondent shifted away from the markers to get onto the back of BEST TRIO (John Morrison), which was racing in the parked position. In doing so, the Respondent forced Mr Thornley to race 3-wide, a clear breach of the pushout Rule.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY;

Mr McIntyre referred to the Penalty Guide starting point for a breach of the Rule – a fine of $250. He said that Mr Chmiel had just misjudged the whereabouts of the 1000 metre marker and thought he was inside the 1000 metres at the time. He has a clear record.

REASONS FOR PENALTY:

This was a clear case of a breach of the pushout Rule. The Adjudicative Committee accepts that Mr Chmiel has simply misjudged the 1000 metres mark, after which he would have been entitled to push out. He has pushed out just prior to that point, and has moved out gradually and in a safe manner. It is a low-level breach.

Mr Chmiel is a quite busy Driver – he has had 75 drives in the current season and, in the 2020/2021 season, he had 365 drives.

CONCLUSION:

The Respondent, Driver Terry Chmiel, is fined $200.