NZ Metro TC 7 July 2023 – R10 – Terry Chmiel

EVIDENCE:

Following the running of Race 10, Chief Stipendiary Steward Mr Nigel McIntyre presented an Information alleging a breach of Rule 869(7A) (c) by Open Driver Mr Terry Chmiel.

Rule 869(7A) states: Every driver who moves inwards shall ensure: (c) that the movement does not cause any other driver, horse or sulky to contact any track marker or protrude inside the marker line.

Mr Chmiel stated he was conversant with the Rule, the Charge, and confirmed he admitted the breach.

Mr McIntyre, with the assistance of Stipendiary Steward Mr Shane Renault, played the video of the first 300m of the race to identify Mr Chmiel (BONDI LUSTRE), drawn barrier 3, leaving the mobile fast and heading for the lead. To his inside was SWEET TREAT (M Williamson), who also left the mobile with speed. Mr McIntyre said after approximately 150m, Mr Chmiel has shifted to the rail when not completely clear of Mr Williamson, forcing him to check and contact the pylons.

Mr Chmiel said he was looking to his outside at a challenger and thought he was clear of Mr Williamson.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said Mr Chmiel had a warning under the Rule on 13 April 2023. He said the breach is low range, Mr Chmiel has admitted the breach, has a clear record and a fine would suffice as Penalty.

Mr Chmiel made no submissions on Penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide a starting point of a $300 fine for a first breach of this Rule.

The Adjudicative Committee assess the breach at a low level as were the consequences of Mr Chmiel’s indiscretion. These factors, combined with Mr Chmiel’s record and admission, allow for a discount from the starting point, and a fine of $200 is considered an appropriate Penalty in the circumstances of this case.

CONCLUSION:

Open Driver Mr Terry Chmiel is fined $200.