NZ Metro TC 28 November 2021 – R8 – Terry Chmiel

SUMMARY OF FACTS:

Driver, Terry Chmiel, was charged following Race 8, McMillan Equine Feeds Trot, that as the Driver of FLYIN SID in the race, he used his whip in more than a wrist flicking motion in the run home.

SUBMISSIONS:

Mr Mulcay showed a video replay of the final 200 metres of the race. He pointed out FLYIN SID, driven by Mr Chmiel, racing outside the leader as the field turned for home. He then showed that Mr Chmiel commenced to drive the horse out with more than a permissible wrist only flicking motion. In the middle stages of the run home, Mr Mulcay said, Mr Chmiel to his credit did revert to a compliant action. However, he had used more than a wrist only flicking action over the early stages, he said.

Mr Mulcay, when asked by the Committee, said that the offence was medium-level inasmuch as the offending strikes took place over a distance of more than 50 metres. He stressed that Mr Chmiel had reverted to a compliant style before the finish.

Mr Chmiel said that the leader had run out in the straight, but he did not proffer that as an excuse.

The Committee noted that FLYIN SID had finished in 4th placing.

REASON FOR DECISION:

Mr Chmiel has admitted the charge which is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr Mulcay said that Mr Chmiel has had two previous breaches of the Whip Rules within the last 6 months – on 25 June, suspended 2 days (94 drives ago) and on 24 September, suspended 3 days (46 drives ago). Mr Chmiel is a busy Driver – 355 drives this season, Mr Mulcay said.

Stewards were seeking a 4-days suspension, Mr Mulcay said.

Mr Chmiel requested a deferment of suspension until after the meeting of NZ Metropolitan TC on 4 December.

REASON FOR PENALTY:

The Committee agrees with Mr Mulcay’s assessment of the breach as medium-level – inadvertently reverting to the old style (freehand loose reining and/or more than a flicking motion) and continuing to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving. None of the strikes were forceful and there was some spacing.

The penalty needs to recognise that this is Mr Chmiel’s third offence, and an increase in the penalty for his most recent breach (3 days) is required. He is a busy Driver and a suspension is a real penalty. A 4-days suspension is appropriate.

CONCLUSIONS:

Mrs Chmiel’s request for a deferment is granted.

Driver, Terry Chmiel, is suspended from after the close of racing on 4 December 2021 up to and including 12 December 2021 – 4 days. The meetings intended to be encompassed by the period of suspension are Akaroa TC on 5 December, Oamaru HRC on 8 December, NZ Metropolitan TC on 10 December and Methven TC on 12 December.