Auckland TC 16 February 2018 – R 1 – Chair, Mr B J Scott
ID: JCA11827
Meet Title:
Auckland TC - 16 February 2018
Meet Chair:
BScott
Meet Committee Member 1:
PKnowles
Race Date:
2018/02/16
Race Number:
R1
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
The Committee imposes a fine of $400.00 on Dr Chin.
Facts:
Following the running of the GORDON ROBERTSON RACE NIGHT STEWARD MOBILE TROT an Information was lodged by Senior Stipendiary Steward Mr JM Muirhead against Licensed Horseman Dr L Chin alleging that Dr Chin when driving DJOKOVIC came to the starting gate out of position.
Rule 857(7)(d) provides: no Horseman shall come to the starting gate out of position.
Part 13(i) of the Race Starting Procedures Regulations provides: In the case of a mobile start, a horse declared unruly shall start from the second line no closer in than barrier position 5.
Dr Chin admitted the breach and he advised the Committee that he did not wish to be present at the Hearing.
Mr Muirhead demonstrated the incident by use of the race films. There were 7 starters in the race with DJOKOVIC drawing on the "unruly 1" position. He showed where DJOKOVIC rather than starting in the correct unruly position was actually positioned on the front line in barrier 7. It was from there soon after the start that Dr Chin was able to drive his horse forward and go to the lead.
Submissions for Penalty:
Mr Muirhead said that DJOKOVIC had gained a clear advantage by Dr Chin starting it from the front line. He said that the JCA Guidelines provide for a starting point penalty of suspension of Licence for 8 drives or a fine of $400.00.
He said that Dr Chin had a clear record under this Rule and he submitted that a fine of $400.00 was appropriate.
Reasons for Penalty:
The Committee reviewed the films which show the incident very clearly and DJOKOVIC started from the front line which clearly it shouldn't have.
The mitigating factors are firstly Dr Chin's admission of the breach which was inevitable given the compelling video evidence and secondly Dr Chin's clear record under this Rule.
The aggravating factors are that it was a blatant breach of this Rule and that DJOKOVIC clearly gained an advantage by not having horses in front of him at the start and as a result he was able to easily move to the front of the field.
It is fortunate that DJOKOVIC did not finish in the placings because in that event there would have been a Protest and it would have been disqualified from the Race.
After giving credit for the mitigating factors and then applying the aggravating factors the Committee believes that the starting point penalty of a $400.00 fine is appropriate.
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: 2ce560c4c77313de466e1e5b9c059bb6
informantnumber: A9146
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Starting out of position
plea: admitted
penaltyrequired: 1
decisiondate: 16/02/2018
hearing_title: Auckland TC 16 February 2018 - R 1 - Chair, Mr B J Scott
charge:
facts:
Following the running of the GORDON ROBERTSON RACE NIGHT STEWARD MOBILE TROT an Information was lodged by Senior Stipendiary Steward Mr JM Muirhead against Licensed Horseman Dr L Chin alleging that Dr Chin when driving DJOKOVIC came to the starting gate out of position.
Rule 857(7)(d) provides: no Horseman shall come to the starting gate out of position.
Part 13(i) of the Race Starting Procedures Regulations provides: In the case of a mobile start, a horse declared unruly shall start from the second line no closer in than barrier position 5.
Dr Chin admitted the breach and he advised the Committee that he did not wish to be present at the Hearing.
Mr Muirhead demonstrated the incident by use of the race films. There were 7 starters in the race with DJOKOVIC drawing on the "unruly 1" position. He showed where DJOKOVIC rather than starting in the correct unruly position was actually positioned on the front line in barrier 7. It was from there soon after the start that Dr Chin was able to drive his horse forward and go to the lead.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Muirhead said that DJOKOVIC had gained a clear advantage by Dr Chin starting it from the front line. He said that the JCA Guidelines provide for a starting point penalty of suspension of Licence for 8 drives or a fine of $400.00.
He said that Dr Chin had a clear record under this Rule and he submitted that a fine of $400.00 was appropriate.
reasonsforpenalty:
The Committee reviewed the films which show the incident very clearly and DJOKOVIC started from the front line which clearly it shouldn't have.
The mitigating factors are firstly Dr Chin's admission of the breach which was inevitable given the compelling video evidence and secondly Dr Chin's clear record under this Rule.
The aggravating factors are that it was a blatant breach of this Rule and that DJOKOVIC clearly gained an advantage by not having horses in front of him at the start and as a result he was able to easily move to the front of the field.
It is fortunate that DJOKOVIC did not finish in the placings because in that event there would have been a Protest and it would have been disqualified from the Race.
After giving credit for the mitigating factors and then applying the aggravating factors the Committee believes that the starting point penalty of a $400.00 fine is appropriate.
penalty:
The Committee imposes a fine of $400.00 on Dr Chin.
hearing_type: Hearing
Rules: Rule 857(7)(d) and Race Starting Procedures Regulations part 13(i)
Informant: Mr J M Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Dr L Chin - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e03b32c351121ba7732d78b9eb026ab2
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: ba3e8adc403f0844313c038ff66b174f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/02/2018
meet_title: Auckland TC - 16 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: PKnowles
meet_pm2: none
name: Auckland TC