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, admitted a charge that, as the Driver of ROCK BAND in the race, he “forced HERE’S HERBIE (Colin DeFilippi) wider on the track prior to the 1000 metres”, a breach of the Pushout Rule.

Rule 869 provides that:

(4)  No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(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 making a forward movement 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.

EVIDENCE:

Stipendiary Steward Shane Renault, showed the available video replays of the incident, just prior to the 1000 metres. He pointed out ROCK BAND, driven by Mr Chmiel, racing four places back on the markers with HERE’S HERBIE, driven by Mr DeFilippi, racing to its outside. Mr Renault then showed Mr Chmiel shift his runner out, just prior to the 1000 metres, and force HERE’S HERBIE to race three-wide, in breach of the Pushout Rule.

Mr Chmiel said that he had erred in thinking that he was past the 1000 metres marker.

DECISION:

The charge having been admitted, it is deemed proved.

PENALTY SUBMISSIONS:

Mr Renault said that Mr Chmiel has had 92 drives this season and has no breaches of the Rule against his record.

Mr DeFilippi’s runner had been affected by being forced to race 3-wide, that being an aggravating factor, Mr Renault said. However, Mr Chmiel does have a good record, he said.

The starting point for penalty in the Penalty Guide is a fine of $200 and a fine in the vicinity of $200 would be an appropriate penalty, Mr Renault submitted.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide provides a starting point for penalty for a first breach of the Pushout Rule of a $200 fine.

Mr DeFilippi’s runner was affected by being forced to race 3-wide from that point of the race and, the Adjudicative Committee agrees, that is an aggravating factor. However, Mr Chmiel has admitted the breach and has a clear record. The Adjudicative Committee also noted that the pushout occurred very close to the 1000 metres and noted Mr Chmiel’s explanation. Balancing all factors, the Adjudicative Committee deemed a fine of $200, as per the Penalty Guide, to be the appropriate penalty.

CONCLUSION:

Open Driver, Terry Chmiel, is fined the sum of $200.