Auckland TC 15 December 2017 – R 1 – Chair, Mr A Godsalve
ID: JCA14499
Meet Title:
Auckland TC - 15 December 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2017/12/15
Race Number:
R1
Decision:
The Committee therefore upheld the charge.
Penalty:
The Committee therefore imposed a fine of $600 on Dr Chin.
Facts:
Following the running of race 1, the HR FISKEN & SONS LTD HANDICAP TROT 2700m, Mr Ydgren submitted an Information alleging that Open Horseman Dr L Chin drove TERESKOVA carelessly causing interference to PRIMUS INTER PARES with 550 metres to run.
Dr Chin was present at the hearing and acknowledged that he understood the Rule. He advised the Committee that he did not admit the breach.
Rule 869(3)(b) states 'No horseman in any race shall drive carelessly'.
Submissions for Decision:
Mr Ydgren began the case for the Informant by stating that Dr Chin was the driver of the horse TERESKOVA in the first race of the evening. He said that TERESKOVA had expended considerable effort in the early and middle stages of the race to take up a forward position, leading and challenging for the lead at various times. Using the films, Mr Ydgren showed that TERESKOVA was under pressure and struggling to maintain its position as the field approached the 600 metres mark. TERESKOVA was racing near the markers at that time with THE CROWN JEWELS ahead of it, and PRIMUS INTER PARES on its outer. Mr Ydgren stated that at about the 550 metres mark Dr Chin allowed TERESKOVA to run outwards under pressure. In doing so he made contact with the hind leg of PRIMUS INTER PARES causing that horse to go off stride. He added that the Stewards believed that Dr Chin was careless in allowing TERESKOVA to move outwards for a number of strides, contacting PRIMUS INTER PARES and causing it to go off stride.
Dr Chin, cross examining Mr Ydgren, said that looking at the films he considered his outwards movement to have been 'ever so slight'. Mr Ydgren replied that there had been more than a minimal shift and that it was sufficient to cause interference to PRIMUS INTER PARES.
Dr Chin said that his horse had worked hard during the race and added that he had made a marginal move outwards at about the 550 metres mark. He added that TERESKOVA had made contact with PRIMUS INTER PARES' hind leg and that he did not deny that this contact had taken place. He said that he had straightened TERESKOVA as soon as he was able, however the contact had already occurred. Dr Chin stated that the outwards movement by TERESKOVA had been an 'abrupt' movement by the horse as it attempted to follow the horse on its outside. When questioned by the Committee Dr Chin agreed that the film of the back straight where the incident took place did show TERESKOVA'S head turned outwards, and also showed Dr Chin driving the horse forward with the reins. However, he added that he believed that his horse's head was turned outwards as it was looking at the horse going past it. He added that TERESKOVA was wearing blinkers and had to turn its head outwards to see the horse outside it. He said that he did not think that the contact which had occurred was as a result of carelessness on his part, Dr Chin added that he could not anticipate that his horse would move outwards the way it had, and that he had corrected it as soon as he could.
In cross examination Mr Ydgren stated that this incident was not as a result of an abrupt action by TERESKOVA and the interference was caused by Dr Chin allowing his horse to move outwards and making contact with PRIMUS INTER PARES. He added that the Stewards believed Dr Chin should have taken better corrective action when the horse had begun to move outwards.
Dr Chin said that he agreed that there had been contact between the horses but that his horse ran outwards abruptly and that he did not believe that he should be expected to anticipate that.
Reasons for Decision:
The Committee was satisfied, on the evidence of the films and the submissions, that at about the 550 metres mark of the race Dr Chin had angled TERESKOVA'S head outwards and driven the horse forward with the reins. We did not consider that this was an 'abrupt' movement. The horse had had a 'hard' run prior to this, and it was clear that it was under some pressure to maintain its position. As a result of being reined forward and outwards, TERESKOVA had made contact with PRIMUS INTER PARES' hind leg which caused that horse to go off stride. At the time PRIMUS INTER PARES was responding to its drivers urging and was improving its position.
Submissions for Penalty:
Mr Ydgren told the Committee that Dr Chin had had 1536 lifetime drives - 19 had been during the current season. He added that Dr Chin did not have any prior breaches of this Rule within the previous 12 months. He said that the JCA Penalty Guide provided a 10 drive suspension or a $500 fine where a driver did not have any prior breaches of this Rule. He said that while this breach took place on a Premier night of racing, the subject race was not one of the major races. He said the interference to PRIMUS INTER PARES could well have cost the horse a placing in the race. Mr Ydgren said that he believed the breach warranted an uplift of a $100 on the starting point of $500, however he added that Dr Chin's good prior record negated that. In reply to a question from the Committee, Mr Ydgren confirmed that PRIMUS INTER PARES had finished strongly into 5th place after the incident, and that the interference could well have cost it a better place.
Dr Chin had nothing to add.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide has a starting point of a fine of $500 or a 10 drive suspension. Dr Chin does not have any prior breaches of this Rule to take into consideration. The Committee believed that due to the consequential effects of the incident on the chances of PRIMUS INTER PARES an uplift of $200 on the starting point was called for. However we allowed a $100 reduction of that amount due to Dr Chin's clear record.
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: 8a525adf9d7d8c26a2fcb33998365d00
informantnumber: A9141
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving causing interference
plea: denied
penaltyrequired: 1
decisiondate: 16/12/2017
hearing_title: Auckland TC 15 December 2017 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 1, the HR FISKEN & SONS LTD HANDICAP TROT 2700m, Mr Ydgren submitted an Information alleging that Open Horseman Dr L Chin drove TERESKOVA carelessly causing interference to PRIMUS INTER PARES with 550 metres to run.
Dr Chin was present at the hearing and acknowledged that he understood the Rule. He advised the Committee that he did not admit the breach.
Rule 869(3)(b) states 'No horseman in any race shall drive carelessly'.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren began the case for the Informant by stating that Dr Chin was the driver of the horse TERESKOVA in the first race of the evening. He said that TERESKOVA had expended considerable effort in the early and middle stages of the race to take up a forward position, leading and challenging for the lead at various times. Using the films, Mr Ydgren showed that TERESKOVA was under pressure and struggling to maintain its position as the field approached the 600 metres mark. TERESKOVA was racing near the markers at that time with THE CROWN JEWELS ahead of it, and PRIMUS INTER PARES on its outer. Mr Ydgren stated that at about the 550 metres mark Dr Chin allowed TERESKOVA to run outwards under pressure. In doing so he made contact with the hind leg of PRIMUS INTER PARES causing that horse to go off stride. He added that the Stewards believed that Dr Chin was careless in allowing TERESKOVA to move outwards for a number of strides, contacting PRIMUS INTER PARES and causing it to go off stride.
Dr Chin, cross examining Mr Ydgren, said that looking at the films he considered his outwards movement to have been 'ever so slight'. Mr Ydgren replied that there had been more than a minimal shift and that it was sufficient to cause interference to PRIMUS INTER PARES.
Dr Chin said that his horse had worked hard during the race and added that he had made a marginal move outwards at about the 550 metres mark. He added that TERESKOVA had made contact with PRIMUS INTER PARES' hind leg and that he did not deny that this contact had taken place. He said that he had straightened TERESKOVA as soon as he was able, however the contact had already occurred. Dr Chin stated that the outwards movement by TERESKOVA had been an 'abrupt' movement by the horse as it attempted to follow the horse on its outside. When questioned by the Committee Dr Chin agreed that the film of the back straight where the incident took place did show TERESKOVA'S head turned outwards, and also showed Dr Chin driving the horse forward with the reins. However, he added that he believed that his horse's head was turned outwards as it was looking at the horse going past it. He added that TERESKOVA was wearing blinkers and had to turn its head outwards to see the horse outside it. He said that he did not think that the contact which had occurred was as a result of carelessness on his part, Dr Chin added that he could not anticipate that his horse would move outwards the way it had, and that he had corrected it as soon as he could.
In cross examination Mr Ydgren stated that this incident was not as a result of an abrupt action by TERESKOVA and the interference was caused by Dr Chin allowing his horse to move outwards and making contact with PRIMUS INTER PARES. He added that the Stewards believed Dr Chin should have taken better corrective action when the horse had begun to move outwards.
Dr Chin said that he agreed that there had been contact between the horses but that his horse ran outwards abruptly and that he did not believe that he should be expected to anticipate that.
reasonsfordecision:
The Committee was satisfied, on the evidence of the films and the submissions, that at about the 550 metres mark of the race Dr Chin had angled TERESKOVA'S head outwards and driven the horse forward with the reins. We did not consider that this was an 'abrupt' movement. The horse had had a 'hard' run prior to this, and it was clear that it was under some pressure to maintain its position. As a result of being reined forward and outwards, TERESKOVA had made contact with PRIMUS INTER PARES' hind leg which caused that horse to go off stride. At the time PRIMUS INTER PARES was responding to its drivers urging and was improving its position.
Decision:
The Committee therefore upheld the charge.
sumissionsforpenalty:
Mr Ydgren told the Committee that Dr Chin had had 1536 lifetime drives - 19 had been during the current season. He added that Dr Chin did not have any prior breaches of this Rule within the previous 12 months. He said that the JCA Penalty Guide provided a 10 drive suspension or a $500 fine where a driver did not have any prior breaches of this Rule. He said that while this breach took place on a Premier night of racing, the subject race was not one of the major races. He said the interference to PRIMUS INTER PARES could well have cost the horse a placing in the race. Mr Ydgren said that he believed the breach warranted an uplift of a $100 on the starting point of $500, however he added that Dr Chin's good prior record negated that. In reply to a question from the Committee, Mr Ydgren confirmed that PRIMUS INTER PARES had finished strongly into 5th place after the incident, and that the interference could well have cost it a better place.
Dr Chin had nothing to add.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide has a starting point of a fine of $500 or a 10 drive suspension. Dr Chin does not have any prior breaches of this Rule to take into consideration. The Committee believed that due to the consequential effects of the incident on the chances of PRIMUS INTER PARES an uplift of $200 on the starting point was called for. However we allowed a $100 reduction of that amount due to Dr Chin's clear record.
penalty:
The Committee therefore imposed a fine of $600 on Dr Chin.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Dr L Chin-trainer/driver of TERESKOVA
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 79d8e4f5697503cac17551755863f531
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: e8cc9fad73ef17fc22896094fa70e24c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2017
meet_title: Auckland TC - 15 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Auckland TC