Rangiora HRC – 1 January 2026 – R7 – Terry Chmiel (Heard at Phar Lap Raceway Timaru on 7 January 2026)

Following the running of Race 7, Morrison’s Saddlery Pace, Open Driver, Terry Chmiel, admitted a breach of the Whip Rules in that, as the driver of ART JORDAN in the race, he “used his whip with more than a wrist flicking motion in the run home”.

The information was filed with the Adjudicative Committee on the raceday (1 January 2026) and adjourned. It was heard at the meeting of Timaru HRC on 7 January 2026. Mr Chmiel had signed the information form “I DO admit a breach of the rule”.

Mr Renault informed the Committee that Mr Chmiel had sought to be excused from attending the hearing, explaining that he had to attend to a horse that had just raced.

Rule 869 provides:

(2)  No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Whip and Rein Regulations provide:

3.1     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

 EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 200-300 metres of the race. He pointed out ART JORDAN, driven by Mr Chmiel, racing three places back on the markers as the field approached the home turn prior to being drawn out, three-wide, by Mr Chmiel to make a run.

Mr Renault then pointed out on the video replay that Mr Chmiel commenced using his whip and used it in more than a wrist only flicking motion on seven clear occasions, he alleged, prior to the 100 metres, prior to returning to a compliant style in the closing stages.

The Committee noted that ART JORDAN finished in 4^th placing in the 11-horse field.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Chmiel had 99 drives in the 2025 season just ended. He has a clear record. Stewards saw the present breach as being mid-level, he said.

Mr Renault then referred to the Penalty Guide starting point for a mid-level, first breach of a 2-days suspension. He submitted that would be an appropriate penalty for the breach.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first, mid-level breach of a 2-days suspension. A “mid-level breach” is defined as “when the driver inadvertently uses the old whipping style for approximately 50 metres or more before returning to a compliant style”.  The Committee clearly sees this particular breach as being mid-level within that definition. There were seven non-compliant strikes over a distance of approximately 150 metres after turning for home, after which Mr Chmiel returned to a compliant style.

There are no relevant aggravating or mitigating factors to be considered.

CONCLUSION – PENALTY:

Mr Chmiel’s application for a deferment of suspension is granted.

Open Driver,  Mr Terry Chmiel, is suspended from after the close of racing on 13 January 2026 up to and including 18 January 2026 – 2 National Driving days. The two meetings intended to be encompassed by the period of suspension are the two meetings of Marlborough HRC on 16 and 18 January 2026.