NZ Metro TC 28 November 2025 – R9 – Terry Chmiel

Following the running of Race 9, Bettor’s Delight “The King” Handicap Pace, Open Driver, Terry Chmiel, as the Driver of ROCK BAND in the race, denied a charge that he “drove carelessly rounding the final bend by shifting ground inwards when insufficiently clear of ROCK OR BUST (Nikita Burton), which was checked and broke”.

Rule 869 provides:

(3)  No driver in any race shall drive:- 

    (b) carelessly

EVIDENCE:

Stipendiary Steward Shane Renault, had Stipendiary Steward Matt Sole, point the runners out on video replays of the incident. He pointed out ROCK BAND, driven by Mr Chmiel, racing in the one out-one back position, but commencing to weaken and being driven along. ROCK OR BUST, driven by Miss Burton, was following ROCK BAND. The other runner involved was MIKI BENNETT, driven by Jonny Cox, racing four places back on the markers.

Mr Sole then showed Mr Cox push Mr Chmiel out near the 600 metres, but alleged that Mr Chmiel then shifted back down the track when insufficiently clear of ROCK OR BUST. Mr Renault alleged that Mr Chmiel, getting forced wider on the track, had turned his horse’s head inwards, which had crowded the racing room of the runner behind, ROCK OR BUST, which was taking a gap created by Mr Chmiel being forced wider on the track. Mr Chmiel had an obligation to shift wider on the track to make room for runners on the inside and, in not doing so, had driven carelessly, Mr Renault said. He had continued to drive his horse forward with the whip. Mr Chmiel did react, but too late, he said. There was contact to the leg of ROCK OR BUST, which broke, Mr Renault said.

Miss Burton said that she had been following MIKI BENNETT and Mr Chmiel had come down and contacted her runner’s leg. There was room for her to progress when Mr Cox had shifted Mr Chmiel wide. The pressure had come from Mr Chmiel to her outside, she said. When questioned by Mr Chmiel, Miss Burton said that the horse to her inside (AMASS, driven by John Morrison) had “run out a wee bit”, resulting in her getting “squeezed up”. There had been pressure from “in and out”, Miss Burton said.

Mr Chmiel demonstrated on the replay that the head of his runner was still outside Mr Cox’s sulky wheel when contact was made and, that being so, how could he shift back down, he questioned. He argued that he had never attempted to pull his runner back down. It was tiring and hanging, and he was attempting to pull it out. He also alleged that AMASS had come off the markers, at least half a cart width, and questioned whether there was ever a sufficient gap for Miss Burton to take.

Mr Renault conceded that Mr Morrison had come out “a little bit” but, if it was not for Mr Chmiel’s movement, there would have been no crowding to Miss Burton. Mr Chmiel had been shifted out by Mr Cox, but had not shifted out wide enough, resulting in Miss Burton being “squeezed up” and her runner making contact with Mr Chmiel’s sulky wheel and breaking.

DECISION:

The charge was dismissed.

REASONS FOR DECISION:

The Stewards are required to satisfy the Adjudicative Committee, to the standard of a balance of probabilities, that Mr Chmiel has driven carelessly. It was alleged that he drove carelessly when shifting in, when insufficiently clear of an inside runner.

The Adjudicative Committee heard evidence from the Stewards, Miss Burton and Mr Chmiel, and carefully viewed the available video replays of the relevant part of the race. Unfortunately, those replays were not entirely conclusive.

Having heard the evidence and viewed the video replays, the Adjudicative Committee determined that the interference to Miss Burton’s runner, ROCK OR BUST, was the result of a “racing incident” – that is to say, an event that happens during the normal course of a race, where no one Driver can be considered at fault. In particular, the Adjudicative Committee found that Mr Chmiel’s actions did not meet the threshold for careless driving.

The interference in this case, the Adjudicative Committee found, was rather the result of normal competitive racing, with horses getting in tight quarters at a stage of the race when a number of Drivers are attempting to hold or improve their positions.

The Adjudicative Committee was not satisfied that Mr Chmiel had shifted in but, rather, found that his runner was tiring and hanging. Mr Chmiel showing that his runner’s head was still outside Mr Cox’s sulky wheel when Miss Burton’s runner broke, was quite persuasive. The interference to Miss Burton’s runner was likely compounded by an outward movement by Mr Morrison’s runner, AMASS.

Miss Burton who, initially, stated that the pressure had come from Mr Chmiel to her outside, subsequently recanted and said that she had been “squeezed” from inside and outside.

Having regard to all of the above, the charge of careless driving was dismissed.