Auckland TC 12 April 2019 – R10 – Chair, Mr A Smith
ID: JCA17856
Meet Title:
Auckland TC - 12 April 2019
Meet Chair:
ASmith
Meet Committee Member 1:
GJones
Race Date:
2019/04/12
Race Number:
R10
Decision:
The charge is admitted and therefore proved.
Penalty:
Mr Chin was fined the sum of $200.
Facts:
This charge arises from the running of Race 10, the Yee-Haw Its American Night April 26 Mobile Trot 1609m. An Information was filed by Senior Stipendiary Steward Mr S Mulcay alleging Licensed Open Horseman; Mr L Chin breached Rule 869(2)(a) in that he used his whip in breach of the “use of the whip” regulations driving SAVITSKAYA over the final 400m.
Rule 869(2)(b) provides that:
No Horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Chin endorsed the information that he admitted the breach and did not wish to be present at the hearing.
Senior Stipendiary Steward Mr Mulcay used available video footage to demonstrate the breach. He identified SAVITSKAYA just inside the final 400m and identified Mr Chin driving his horse out to the finish. Mr Mulcay said that Mr Chin used his whip on 12-13 occasions in the final straight which was in breach of the whip use regulations.
Submissions for Penalty:
Mr Mulcay produced Mr Chin's Record which showed no breaches of the rule in the previous 6 months. Mr Mulcay submitted that it was a low end breach, the strikes were not forceful and that an appropriate penalty would be one in line with the JCA penalty Guide.
Due to Mr Chin choosing not to be present at the hearing, no submissions were received from Mr Chin in relation to the breach or penalty.
Reasons for Penalty:
The JCA Penalty Guide for a 1st breach of this rule establishes starting points, on a graduated scale, based on the number of strikes:
11 - 13 $200
14 - 16 $300
17 and over $500
The Committee has carefully reviewed the video footage of Mr Chin’s drive in the final 400m of the race. The Committee identified that Mr Chin did strike his horse on 12 occasions in the final straight. While the strikes were not overly forceful, the number of strikes is a clear breach of the Whip Regulations.
There are no aggravating factors and accordingly we have no compelling reasons to deviate from the $200 starting point.
JCA Decision Fields (raw)
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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: f6961b9239bccc87d96aac973bc31563
informantnumber: A10733
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(b) - Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 15/04/2019
hearing_title: Auckland TC 12 April 2019 - R10 - Chair, Mr A Smith
charge:
facts:
This charge arises from the running of Race 10, the Yee-Haw Its American Night April 26 Mobile Trot 1609m. An Information was filed by Senior Stipendiary Steward Mr S Mulcay alleging Licensed Open Horseman; Mr L Chin breached Rule 869(2)(a) in that he used his whip in breach of the “use of the whip” regulations driving SAVITSKAYA over the final 400m.
Rule 869(2)(b) provides that:
No Horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Chin endorsed the information that he admitted the breach and did not wish to be present at the hearing.
Senior Stipendiary Steward Mr Mulcay used available video footage to demonstrate the breach. He identified SAVITSKAYA just inside the final 400m and identified Mr Chin driving his horse out to the finish. Mr Mulcay said that Mr Chin used his whip on 12-13 occasions in the final straight which was in breach of the whip use regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and therefore proved.
sumissionsforpenalty:
Mr Mulcay produced Mr Chin's Record which showed no breaches of the rule in the previous 6 months. Mr Mulcay submitted that it was a low end breach, the strikes were not forceful and that an appropriate penalty would be one in line with the JCA penalty Guide.
Due to Mr Chin choosing not to be present at the hearing, no submissions were received from Mr Chin in relation to the breach or penalty.
reasonsforpenalty:
The JCA Penalty Guide for a 1st breach of this rule establishes starting points, on a graduated scale, based on the number of strikes:
11 - 13 $200
14 - 16 $300
17 and over $500
The Committee has carefully reviewed the video footage of Mr Chin’s drive in the final 400m of the race. The Committee identified that Mr Chin did strike his horse on 12 occasions in the final straight. While the strikes were not overly forceful, the number of strikes is a clear breach of the Whip Regulations.
There are no aggravating factors and accordingly we have no compelling reasons to deviate from the $200 starting point.
penalty:
Mr Chin was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Dr L Chin - Open Horseman - Driver of SAVITSKAYA
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c8ada6883afc50422742b518d1645176
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7a81456303cdd46aa1bc7350d44c2590
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2019
meet_title: Auckland TC - 12 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: GJones
meet_pm2: none
name: Auckland TC