Auckland TC 10 August 2018 – R 1 – Chair, Mr G Jones
ID: JCA12727
Meet Title:
Auckland TC - 10 August 2018
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2018/08/10
Race Number:
R1
Decision:
Pursuant to Rule 1111(1)(d) as Dr Chin admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Dr Chin was fined the sum of $350.
Facts:
This charge arises from the running of Race 1, the Italian Night at Alexandra Park Fri 21 Sept Handicap Trot 2700. An information was filed by Senior Stipendiary Steward, Mr Muirhead alleging Open Horseman, Dr Chin, breached Rule 869 (4) in that he “allowed his mare SAVITSKAYA to shift out while in a gallop causing interference to GRENADO and SAINT MICHEL approaching the 400 metres”.
Dr Chin endorsed the Information “I do admit the breach of the rule”. At the commencement of the hearing he confirmed his plea and acknowledged he understood the rule and the nature of the charge.
Rule 869 (4) provides:
(4) No horseman 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.
Using available video footage Mr Muirhead identified the horses involved in the incident namely, SAVITSKAYA (L Chin), GREAT FANTASY (K Marshall), WHIPS N SPURS (D Balle), GRENADO (T Lethaby) and SAINT MICHEL (B Mangos). Mr Muirhead said that there were two separate incidents involving Dr Chin where there was interference to horses. The first resulted in interference to WHIPS N SPURS and the second occurred near the 400 metres resulted in checks to GRENADO and SAINT MICHEL. He said this charge arises from the second incident.
Mr Muirhead said that SAVITSKAYA was racing in front at the 600 metre mark and drifted off the rail. This allowed GREAT FANTASY, who was trailing to move up on the inside of SAVITSKAYA. Nearing the 400 metre mark SAVITSKAYA was hanging inwards and broke free of interference when racing between GREAT FANTASY and WHIPS N SPURS who was on its outer. As a result SAVITSKAYA shifted outwards in a gallop and initially made contact with WHIPS N SPURS. Dr Chin steered SAVITSKAYA out in an attempt to avoid further interference, but tangled and locked wheels with GRENADA who in turn checked SAINT MICHEL. Mr Muirhead said that the outward turn was an error of judgement on Dr Chin’s part and as a result he needlessly interfered with GRENADA and SAINT MICHEL. He added that when SAVITSKAYA broke Dr Chin was obliged to shift out clear of other runners, but in doing so he was also obliged to ensure he was sufficiently clear so as to not interfere with the running line of other runners.
In response Dr Chin told the Committee that SAVITSKAYA tended to hang in the running and when she broke he tried to straighten her and in doing so he over-corrected. He said that SAVITSKAYA is a maiden trotter who races greenly and has broken in all her starts to date. He said that he has endeavoured to correct this trait by experimenting with her racing gear.
Submissions for Penalty:
Mr Muirhead submitted the JCA Penalty Guidelines establish a starting point of $300 fine or 6 drive suspension for a breach of this rule. He said that although the penalty for a breach of this rule is less than the penalty for a breach of the careless driving rule; the Stewards' view is that this breach should be dealt with by way of a 2-3 day suspension. Mr Muirhead stated that even though there were some mitigating factors in terms of the outward shift, the consequences to the two most affected runners were significant.
Mr Muirhead added that Mr Chin has a clear record with regards to this particular rule and he should be given credit for admitting the breach at the first opportunity.
Dr Chin asked the Committee to take into account the fact that SAVITSKAYA is a maiden trotter who raced greenly; is a difficult horse to drive and her racing manners were a contributing factor. He told the Committee that he would prefer a fine as opposed to a suspension as he generally drives his own horse’s at most northern meetings.
Dr Chin has had 1595 career drives and 78 drives during the past season (2017/18).
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 6-drive suspension or a $300 fine for a breach of this rule. The Committee has noted that similar recent breaches have incurred penalties ranging from fines between $200 to $500 and limited number of 2 to 3 day suspensions.
After taking into account the submissions of both the Informant and Respondent and noting the race film and the resultant impact on the affected runners the Committee determined the breach to be in the mid-range. There was clearly an impact on three runners, although the Committee accepts that the initial contact with WHIPS N SPURS was to some degree unavoidable as it occurred when Dr Chin was making an earnest attempt to steer clear of other runners. The impact on GRENADA and SAINT MICHEL was severe in that they broke and lost all chance of finishing in a better placing and Dr Chin ought to have taken more care to ensure that when shifting out he was clear of all runners on his outside. We have treated this as an aggravating factor.
After affording Dr Chin credit for his good record and his admission of the breach; balanced against the aggravating factor we determined that a $350 fine is appropriate penalty in the circumstances of this case.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 5032e8c434e2336ac5ae550806786168
informantnumber: A10307
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing interference
plea: admitted
penaltyrequired: 1
decisiondate: 11/08/2018
hearing_title: Auckland TC 10 August 2018 – R 1 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 1, the Italian Night at Alexandra Park Fri 21 Sept Handicap Trot 2700. An information was filed by Senior Stipendiary Steward, Mr Muirhead alleging Open Horseman, Dr Chin, breached Rule 869 (4) in that he “allowed his mare SAVITSKAYA to shift out while in a gallop causing interference to GRENADO and SAINT MICHEL approaching the 400 metres”.
Dr Chin endorsed the Information “I do admit the breach of the rule”. At the commencement of the hearing he confirmed his plea and acknowledged he understood the rule and the nature of the charge.
Rule 869 (4) provides:
(4) No horseman 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.
Using available video footage Mr Muirhead identified the horses involved in the incident namely, SAVITSKAYA (L Chin), GREAT FANTASY (K Marshall), WHIPS N SPURS (D Balle), GRENADO (T Lethaby) and SAINT MICHEL (B Mangos). Mr Muirhead said that there were two separate incidents involving Dr Chin where there was interference to horses. The first resulted in interference to WHIPS N SPURS and the second occurred near the 400 metres resulted in checks to GRENADO and SAINT MICHEL. He said this charge arises from the second incident.
Mr Muirhead said that SAVITSKAYA was racing in front at the 600 metre mark and drifted off the rail. This allowed GREAT FANTASY, who was trailing to move up on the inside of SAVITSKAYA. Nearing the 400 metre mark SAVITSKAYA was hanging inwards and broke free of interference when racing between GREAT FANTASY and WHIPS N SPURS who was on its outer. As a result SAVITSKAYA shifted outwards in a gallop and initially made contact with WHIPS N SPURS. Dr Chin steered SAVITSKAYA out in an attempt to avoid further interference, but tangled and locked wheels with GRENADA who in turn checked SAINT MICHEL. Mr Muirhead said that the outward turn was an error of judgement on Dr Chin’s part and as a result he needlessly interfered with GRENADA and SAINT MICHEL. He added that when SAVITSKAYA broke Dr Chin was obliged to shift out clear of other runners, but in doing so he was also obliged to ensure he was sufficiently clear so as to not interfere with the running line of other runners.
In response Dr Chin told the Committee that SAVITSKAYA tended to hang in the running and when she broke he tried to straighten her and in doing so he over-corrected. He said that SAVITSKAYA is a maiden trotter who races greenly and has broken in all her starts to date. He said that he has endeavoured to correct this trait by experimenting with her racing gear.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Pursuant to Rule 1111(1)(d) as Dr Chin admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Muirhead submitted the JCA Penalty Guidelines establish a starting point of $300 fine or 6 drive suspension for a breach of this rule. He said that although the penalty for a breach of this rule is less than the penalty for a breach of the careless driving rule; the Stewards' view is that this breach should be dealt with by way of a 2-3 day suspension. Mr Muirhead stated that even though there were some mitigating factors in terms of the outward shift, the consequences to the two most affected runners were significant.
Mr Muirhead added that Mr Chin has a clear record with regards to this particular rule and he should be given credit for admitting the breach at the first opportunity.
Dr Chin asked the Committee to take into account the fact that SAVITSKAYA is a maiden trotter who raced greenly; is a difficult horse to drive and her racing manners were a contributing factor. He told the Committee that he would prefer a fine as opposed to a suspension as he generally drives his own horse’s at most northern meetings.
Dr Chin has had 1595 career drives and 78 drives during the past season (2017/18).
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 6-drive suspension or a $300 fine for a breach of this rule. The Committee has noted that similar recent breaches have incurred penalties ranging from fines between $200 to $500 and limited number of 2 to 3 day suspensions.
After taking into account the submissions of both the Informant and Respondent and noting the race film and the resultant impact on the affected runners the Committee determined the breach to be in the mid-range. There was clearly an impact on three runners, although the Committee accepts that the initial contact with WHIPS N SPURS was to some degree unavoidable as it occurred when Dr Chin was making an earnest attempt to steer clear of other runners. The impact on GRENADA and SAINT MICHEL was severe in that they broke and lost all chance of finishing in a better placing and Dr Chin ought to have taken more care to ensure that when shifting out he was clear of all runners on his outside. We have treated this as an aggravating factor.
After affording Dr Chin credit for his good record and his admission of the breach; balanced against the aggravating factor we determined that a $350 fine is appropriate penalty in the circumstances of this case.
penalty:
Accordingly, Dr Chin was fined the sum of $350.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr J Muirhead –Senior Stipendiary Steward
JockeysandTrainer: Dr L Chine - Open Horseman - Driver of SAVITSKAYA
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7e1f0ac57dc189f7e8bb32a710593052
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0fb3fb113007a9edd9dc3eb0c99e3733
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2018
meet_title: Auckland TC - 10 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Auckland TC