Waimate TC 26 October 2025 – R8 – Terry Chmiel

Summary of Facts:

Following the running of Race 8, the Respondent Open Driver Terry Chmiel admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving CHEEKY RED, he used his whip with more than a wrist flicking motion in the run home. 

Rule 869 provides that:

(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.

Mr Chmiel was excused from attending the hearing, due to him having to be at Christchurch Airport at a required time. Mr Chmiel acknowledged, by mobile phone, that he admitted the breach, understood the Rule and nature of the charge and was aware of the Stewards’ submissions on penalty.

Stipendiary Steward Matt Sole, with the assistance of Stipendiary Steward Shane Renault, used available video footage to demonstrate the breach. He pointed out Mr Chmiel driving CHEEKY RED, racing 4 back and 3 wide as the field turned for home. Mr Renault showed that Mr Chmiel drew his whip and used it on 6 occasions, with more than a wrist flicking motion, over the concluding stages of the race.  

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Sole produced the Respondent’s record, which indicated a previous breach at Addington on 29 August 2025, where a $400 fine was imposed. He added that Mr Chmiel had driven on 81 occasions so far his season.

He said that Stewards assessed the breach to be low-level.  Mr Sole stated that the Penalty Guide provided a starting point of a 3 day suspension for a 2nd breach, low level offence under this Rule and submitted that a 3 day suspension be considered as penalty.

Mr Chmiel did not seek a deferment and asked that any suspension begin as soon as possible.

Reasons for Penalty:

After consideration of the evidence and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as low-level.

The Penalty Guide provides a 3-day suspension starting point for a second breach of this Rule, for a low level offence.

It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

Taking all factors into account, the Adjudicative Committee determined that a 3 day suspension, commensurate with the Penalty Guide,  was an appropriate penalty in this case.

Conclusion:

The Respondent Mr Chmiel, is suspended for a period of 3 days, commencing after racing today, 26 October 2025, up to and including 6 November 2025. Relevant race days encompassed in this period of suspension are the Kaikoura Meetings on 2 November and 3 November 2025, and Oamaru on 6 November 2025.