Oamaru HRC 15 October 2023 – R4 – Terry Chmiel
Oamaru Harness Racing Club
Oamaru Racecourse - Highway 1, Oamaru North, Oamaru, 9494
Penalty: Driver, Terry Chmiel suspended 3 days
Mr Williams alleged that in Race 4, Mr Chmiel (LAMARLI) used his whip with more than a wrist flicking motion in the run home.
Mr Williams demonstrated the incident on the videos. As the field exited the home bend and proceeded to race down the straight, the Respondent, who was racing near the rear of the field, used his wrist in a non-compliant action on 5 occasions.
Mr Chmiel did not disagree with Mr Williams.
As Mr Chmiel has admitted the breach, it is found to be proved.
Submissions as to penalty
Mr Williams produced the Respondent’s record which showed that Mr Chmiel has had 70 drives this season. He had a previous breach at Addington on 19 May and had had 27 drives since that time. Mr Williams submitted the breach was towards the low-end. He noted the Respondent had returned to a compliant action.
Mr Chmiel did not seek a deferment of the penalty.
Decision as to penalty
The breach is towards the lower end of the range. Mr Chmiel has used his whip in breach of the Whip Rule and the Whip and Rein Regulations on 5 occasions in the home straight. The Penalty Guide provides a starting point of a fine of $500 or a 3-day suspension for a second such breach. A mitigating factor is that Mr Chmiel has returned to a compliant style. He has also admitted the breach. On the other side of the ledger is the fact that this is Mr Chmiel’s 27th drive back after his previous suspension and he had been warned as to his whip use in the interim. A penalty at the starting point is appropriate.
Mr Chmiel is suspended for 3 days. This starts after the meeting today and is up to and including 27 October 2023.
Decision Date: 15/10/2023
Publish Date: 18/10/2023