Auckland TC 13 November 2015 – R 2 – Chair, Mr B Scott
ID: JCA15337
Meet Title:
Auckland TC - 13 November 2015
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2015/11/13
Race Number:
R2
Decision:
The breach is admitted and accordingly the charge is proved.
Penalty:
This Committee imposes a fine of $400.00 on Dr Chin.
Facts:
Following the running of the DUNSTAN SPEED SERIES FINAL MOBILE TROT 1700 an Information was lodged by Stipendiary Steward Mr S Mulcay against licensed horseman Dr L Chin (driver of TERESKOVA) alleging that he used his whip excessively over the final stages of the race.
Dr Chin was present at the Hearing and he acknowledged that he understood the rule and he admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed that in the home straight Dr Chin used his whip 19 times. He said that was excessive.
Dr Chin acknowledged Mr Mulcay's evidence and said that he understood that 16 times was the limit and he agreed that he had used the whip 19 times. He did say that the strikes were not hard and that that could be seen on the race films.
Submissions for Penalty:
Mr Mulcay referred to the JCA Guidelines which provide for a starting point penalty of a $500.00 fine or suspension of Licence for 2 days.
He said that the number of strikes meant that the use of the whip in this case was excessive and Dr Chin had already admitted the breach. He did say that in mitigation there should be credit for the admission and also for the fact that Dr Chin had a very good record. He submitted that a fine in the vicinity of $400.00 would be appropriate. He also said that this was similar to other recent penalties under the same rule.
The Committee explained to Dr Chin that new JCA Guidelines came into operation on the 1st of May and that there were new penalties for excessive use of the whip.
Dr Chin in his submission said that he accepted the submissions of Mr Mulcay and the recommended penalty.
Reasons for Penalty:
The Committee reviewed the race films and noted the number of strikes at 19. Those strikes are not made with excessive force but rather the number of strikes is excessive. It was explained to Dr Chin that the Committee needs to take into account the perception of the viewing public over the use of the whip. 19 strikes is clearly excessive and this is an aggravating feature.
In mitigation however we take into account Dr Chin's admission of the breach and his very good record.
Taking all matters into account we believe that a fine of $400.00 is appropriate.
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: 86a9b3ac0a556400db1786770287a8e8
informantnumber: A7432
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 19/11/2015
hearing_title: Auckland TC 13 November 2015 - R 2 - Chair, Mr B Scott
charge:
facts:
Following the running of the DUNSTAN SPEED SERIES FINAL MOBILE TROT 1700 an Information was lodged by Stipendiary Steward Mr S Mulcay against licensed horseman Dr L Chin (driver of TERESKOVA) alleging that he used his whip excessively over the final stages of the race.
Dr Chin was present at the Hearing and he acknowledged that he understood the rule and he admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed that in the home straight Dr Chin used his whip 19 times. He said that was excessive.
Dr Chin acknowledged Mr Mulcay's evidence and said that he understood that 16 times was the limit and he agreed that he had used the whip 19 times. He did say that the strikes were not hard and that that could be seen on the race films.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and accordingly the charge is proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Guidelines which provide for a starting point penalty of a $500.00 fine or suspension of Licence for 2 days.
He said that the number of strikes meant that the use of the whip in this case was excessive and Dr Chin had already admitted the breach. He did say that in mitigation there should be credit for the admission and also for the fact that Dr Chin had a very good record. He submitted that a fine in the vicinity of $400.00 would be appropriate. He also said that this was similar to other recent penalties under the same rule.
The Committee explained to Dr Chin that new JCA Guidelines came into operation on the 1st of May and that there were new penalties for excessive use of the whip.
Dr Chin in his submission said that he accepted the submissions of Mr Mulcay and the recommended penalty.
reasonsforpenalty:
The Committee reviewed the race films and noted the number of strikes at 19. Those strikes are not made with excessive force but rather the number of strikes is excessive. It was explained to Dr Chin that the Committee needs to take into account the perception of the viewing public over the use of the whip. 19 strikes is clearly excessive and this is an aggravating feature.
In mitigation however we take into account Dr Chin's admission of the breach and his very good record.
Taking all matters into account we believe that a fine of $400.00 is appropriate.
penalty:
This Committee imposes a fine of $400.00 on Dr Chin.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Dr L Chin - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f5c5c20fc6f6daca4460ea897b7e18ab
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: df39cc2caee78b452040971795dc51cf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/11/2015
meet_title: Auckland TC - 13 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC