Auckland TC 27 June 2014 – R 10 (adjourned – heard 4 July 2014)

hearingid: 113e6befb9ccaf6d8d8c41158e60cf98

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hearing_racingtype: harness-racing

startdate: 27/06/2014

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hearing_title: Auckland TC 27 June 2014 - R 10 (adjourned - heard 4 July 2014)

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Decision:

AUCKLAND TROTTING CLUB – 27TH JUNE 2014 – RACE 10

Rules: 868(3)

Names: Dr L Chin – Licensed Driver

Informant: Mr JM Muirhead – Stipendiary Steward

Information Number: A2544

Judicial Committee: Mr BJ Scott, Chairman – Mr A Godsalve, Committee Member

Plea: Admitted

Charge:

Failing to drive a horse out to the end of a race.

Evidence:

Following the running of Race 10 THE ALEX BAR & EATERY HANDICAP TROT an Information was filed by Stipendiary Steward Mr JM Muirhead against Licensed Driver Dr L Chin alleging that Dr Chin failed to drive IVANOV out to the end of the Race when he had a reasonable chance of finishing fourth. IVANOV finished fifth a head margin in arrears of AMY’S INVASION.

Rule 868(3) provides:

“Every horseman shall drive his horse out to the end of the race if he has a reasonable chance of running first, second, third, fourth, fifth or sixth.”

The Information was lodged at the Auckland Trotting Club’s Meeting on the 27th of June 2014 but because it was after Race 10 it was adjourned and then heard prior to the Auckland Trotting Club’s Meeting on the 4th of July 2014.

Dr Chin was present and advised the Committee that he admitted the breach.

Mr Muirhead demonstrated the incident by use of the race films and he showed Dr Chin driving IVANOV along the running line and he showed where IVANOV was in the trail coming into the home straight and along the straight Dr Chin used his whip and was driving his horse out. It was initially third and then fourth and with about 40 metres to run he pointed out that Dr Chin stopped driving his horse and it ended up finishing fifth. Mr Muirhead produced to the Committee a copy of the photofinish of the Race and it showed the margin between fourth and fifth to be less than a head.

Mr Muirhead also pointed to the inside pylons to show his calculation of the 40 metre mark. He showed that once Dr Chin stopped driving he did not make any further effort at all.

Mr Muirhead then pointed to the fact that the First 4 punters who had IVANOV in their combinations would have been aggrieved at Dr Chin’s actions.

Dr Chin said that he had a good run into the passing lane and he used his whip up to 12 times on his horse and he said that it was doing its best and it was not improving at all. He did not see the need to hit his horse when in his view it was doing its best. He also said that if he kept hitting his horse that he might have been charged with Excessive Use of the Whip.

Dr Chin said that he was not a bettor and he did not know what a First 4 bet was.

Mr Muirhead then said that Dr Chin had had 1329 drives in his career so he was highly experienced and he further said that the Rule says “shall” take all reasonable steps. He said that there was no excuse for Dr Chin stopping driving his horse.

Decision:

As the breach was admitted, we find the charge proved.

Submission for Penalty:

Mr Muirhead said that the JCA Guidelines provided for a fine of $600.00 or suspension of Licence for 12 drives. He referred to a decision at a Manawatu meeting where a driver who admitted the breach was fined $600.00.

Mr Muirhead said that this charge was about the spirit of competition in races and was also an Integrity issue. He also referred to certain other penalties for breaches of this Rule which he believed were inadequate and he said that the Industry cannot be seen to be lenient in respect to this type of charge. He further said that he had previously seen Dr Chin driving with real commitment on previous occasions and he said that his drive on this occasion was not acceptable.

Dr Chin said that his horse was doing his best but he realizes now that he was in breach and he accepts Mr Muirhead’s submissions.

Reason for Penalty:

The Committee listened to the submissions from both parties and reviewed the films on a number of occasions.

The Committee advised Dr Chin that the films did not help him because they showed that all other Drivers behind him were chasing up their horses and doing their best to get the best possible placing.

The films also showed that although Dr Chin may have stopped driving 40 metres from the finish he was only caught by the following horse with under 5 metres to run and was just beaten for fourth.

The Committee understands Dr Chin’s reasons for what he was doing but he does have an obligation under the Rules. As far as the Committee is concerned this type of charge does have a bearing on the Integrity of Harness Racing and the actions of Dr Chin were blatant.

The Committee checked previous penalties for this incident and it has taken into account Dr Chin’s good record but it was also pointed out to Dr Chin that this Rule was part of the Rule that dealt with Driving Horses on their Merits.

Taking all aggravating and mitigating factors into account the Committee believes that a fine of $500.00 is appropriate.

Penalty:

The Committee accordingly imposes a fine of $500.00 on Dr Chin.

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hearing_type: Old Hearing

Rules: 868(3)

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