Archive Decision

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Canterbury R 24 October 2015 – R 1 – Chair, Mr S Ching

ID: JCA15371

Applicant:
J McLaughlin- Stipendiary Steward

Respondent(s):
D Chin-Class B Apprentice Rider

Other Person:
Mr W Harnett - Apprentice Jockey Mentor, Mr L Tidmarsh - Stipendiary Steward

Information Number:
A3240

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 24 October 2015

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2015/10/24

Race Number:
R1

Decision:

As Mr Chin had admitted this breach of the Rules it was found to be proved.

Penalty:

Mr Chin’s Apprentice Jockeys licence was suspended from the conclusion of racing today 24 October 2015 up to and including 1 November 2015. This suspension encompasses the days racing at Gore on 30 October and Banks Peninsula on 1 November 2015.

Facts:

Following the running of Race 1, the Majestic Horse Floats Rating 85, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr D Chin, the rider of RED RIPPER, alleging careless riding near the 1400m by permitting his mount to shift inwards when not fully clear, hampering JACK’S RUN ridden by Mr B Murray.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Chin had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Chin also agreed that he understood the charge and the Rule it was brought under. Mr Chin was assisted at the hearing by NZTR Apprentice Mentor Mr W Harnett.

Mr McLaughlin gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr L Tidmarsh, to show that shortly after the start and near the 1400m, Mr Chin, riding RED RIPPER, was in a 3 wide position and improving forward in an attempt to secure the lead. Mr Tidmarsh pointed out JACK’S RUN, ridden by Mr B Murray, on the rail inside RED RIPPER, have to check when RED RIPPER crossed over to assume the lead. He said that Mr Murray’s mount JACK’S RUN, was tending to over race at the time of the interference which did not help the situation. Mr Tidmarsh estimated that Mr Chin was only 1 length clear when crossing in front of JACK’S RUN.

Mr Harnett stated on behalf of Mr Chin that it was clear on the replays that Mr Chin has not been quite clear when shifting across the front of JACK’S RUN. He also said that JACK’S RUN was racing ungenerously at the time which has not helped the situation. Mr Harnett submitted that the interference to JACK’S RUN was slight and at the lower end of the scale.

Submissions for Penalty:

Mr McLaughlin stated that Mr Chin had ridden on 100 occasions for 6 winners in Malaysia before beginning his career in New Zealand. He said that he had ridden on 18 occasions to date in New Zealand, was a 3kg claimer and was based in the South Island with his employer, Mr Rae’s South Island stable. He stated that Mr Chin should be considered a South Island Apprentice rider as that was where he was currently placed indefinitely and the area he had been riding in consistently for the previous 4 weeks. Mr McLaughlin submitted that a term of suspension of 2 days be considered as penalty for Mr Chin.

Mr Harnett and Mr Chin made no submissions on penalty apart from confirming that Mr Chin was placed indefinitely in the South Island with his employer, Mr Rae’s, Southern stable.

The issue of deferment was discussed with Mr Chin and Mr Harnett with Mr Chin opting to start any penalty immediately as he had no confirmed rides over the following 7 days.

Reasons for Penalty:

In determining penalty the Committee took into consideration Mr Chin’s ready admission of the breach, the level of carelessness, which we assessed as mid-range and his good record. The Committee accepted that Mr Chin was based indefinitely in Christchurch and regarded him as a South Island Apprentice rider in regard to this penalty. In taking the JCA Penalty Guide starting point of 3 days for a South Island rider we were able to give Mr Chin a discount of 1 day for his admission of the breach and good record. We therefore determined that a 2 day suspension was an appropriate penalty in 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: 8ae795fb2cb0d13003611e585be2aa1f


informantnumber: A3240


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 26/10/2015


hearing_title: Canterbury R 24 October 2015 - R 1 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 1, the Majestic Horse Floats Rating 85, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr D Chin, the rider of RED RIPPER, alleging careless riding near the 1400m by permitting his mount to shift inwards when not fully clear, hampering JACK’S RUN ridden by Mr B Murray.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Chin had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Chin also agreed that he understood the charge and the Rule it was brought under. Mr Chin was assisted at the hearing by NZTR Apprentice Mentor Mr W Harnett.

Mr McLaughlin gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr L Tidmarsh, to show that shortly after the start and near the 1400m, Mr Chin, riding RED RIPPER, was in a 3 wide position and improving forward in an attempt to secure the lead. Mr Tidmarsh pointed out JACK’S RUN, ridden by Mr B Murray, on the rail inside RED RIPPER, have to check when RED RIPPER crossed over to assume the lead. He said that Mr Murray’s mount JACK’S RUN, was tending to over race at the time of the interference which did not help the situation. Mr Tidmarsh estimated that Mr Chin was only 1 length clear when crossing in front of JACK’S RUN.

Mr Harnett stated on behalf of Mr Chin that it was clear on the replays that Mr Chin has not been quite clear when shifting across the front of JACK’S RUN. He also said that JACK’S RUN was racing ungenerously at the time which has not helped the situation. Mr Harnett submitted that the interference to JACK’S RUN was slight and at the lower end of the scale.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Chin had admitted this breach of the Rules it was found to be proved.


sumissionsforpenalty:

Mr McLaughlin stated that Mr Chin had ridden on 100 occasions for 6 winners in Malaysia before beginning his career in New Zealand. He said that he had ridden on 18 occasions to date in New Zealand, was a 3kg claimer and was based in the South Island with his employer, Mr Rae’s South Island stable. He stated that Mr Chin should be considered a South Island Apprentice rider as that was where he was currently placed indefinitely and the area he had been riding in consistently for the previous 4 weeks. Mr McLaughlin submitted that a term of suspension of 2 days be considered as penalty for Mr Chin.

Mr Harnett and Mr Chin made no submissions on penalty apart from confirming that Mr Chin was placed indefinitely in the South Island with his employer, Mr Rae’s, Southern stable.

The issue of deferment was discussed with Mr Chin and Mr Harnett with Mr Chin opting to start any penalty immediately as he had no confirmed rides over the following 7 days.


reasonsforpenalty:

In determining penalty the Committee took into consideration Mr Chin’s ready admission of the breach, the level of carelessness, which we assessed as mid-range and his good record. The Committee accepted that Mr Chin was based indefinitely in Christchurch and regarded him as a South Island Apprentice rider in regard to this penalty. In taking the JCA Penalty Guide starting point of 3 days for a South Island rider we were able to give Mr Chin a discount of 1 day for his admission of the breach and good record. We therefore determined that a 2 day suspension was an appropriate penalty in this case.


penalty:

Mr Chin’s Apprentice Jockeys licence was suspended from the conclusion of racing today 24 October 2015 up to and including 1 November 2015. This suspension encompasses the days racing at Gore on 30 October and Banks Peninsula on 1 November 2015.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J McLaughlin- Stipendiary Steward


JockeysandTrainer: D Chin-Class B Apprentice Rider


Otherperson: Mr W Harnett - Apprentice Jockey Mentor, Mr L Tidmarsh - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 80d2b960a0ed8c71a48c84cd90e2388b


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: 49362a015505a1db16d9893ab2c1c322


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/10/2015


meet_title: Canterbury Racing - 24 October 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: Canterbury Racing