Archive Decision

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Cambridge – Te Awamutu HRC – 16 January 2009 – Race 1

ID: JCA18277

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 16 January 2009

Race Date:
2009/01/16

Race Number:
Race 1

Decision: --

An information was filed following race number one, alleging a breach of rules 879 (1) 869 (4) the informant was Mr. T.W.Taumanu and the information alleged that Dr.L.Chin the driver of "KASYANOVA was in breach of these rules.



--

An information was filed following race number one, alleging a breach of rules 879 (1) 869 (4) the informant was Mr. T.W.Taumanu and the information alleged that Dr.L.Chin the driver of "KASYANOVA was in breach of these rules.

--

The information alleged that horseman Dr.l.Chin moved KASYANOVA outwards in a gallop where there was insufficient room causing MERCKX’S (Mr.A.G.Herlihy) progress to be badly impeded racing into the first bend.

--

Dr.Chin did not admit the breach of these rules and was present at the hearing of this information.

--

Mr.Taumanu showed the video of this incident and Mr.Muirhead identified the relevant runners and gave his interpretation of this video.

--

Mr. Taumanu alleged that Dr.Chin had not taken his horse clear of the field and he should have let his horse gallop forward of the field when clear and if Dr.chin had done this the progress of MERCKX’S would not have been impeded.

--

Mr.Herlihy was called to give evidence and he stated his progress was impeded and in his opinion he had lost at least 3 lengths because of being forced wider on the track and having to go around the breaking KASANOVA. Mr Herlihy also agreed that Dr.Chin should have let his horse gallop forward so as to be clear of the field after he moved out. Dr.Chin gave evidence and stated that he thought he had room to come out and get his horse clear of the field when in a break however he agreed that on the video he was not clear of Mr.Herlihy’s horse and did not know Mr.Herlihy’s horse was on his outer until it was too late.

--

Mr Taumanu summed up and stated that in his opinion Dr.Chin was in breach of the rules and had forced MERCKX’S over more ground and had clearly impeded the progress of that horse.

--

Dr.Chin also summed up and reiterated that he thought when he came out he had complied with the rule.

--

Decision and Reasons.

--

Having heard the evidence as presented by Mr.Taumanu, Mr Muirheads interpretation of the video Dr.Chin and Mr.Herlihy it is my finding the Dr,Chin is in breach of the rules in that he did not take KASANOVA clear of the field when he had the opportunity to do so racing into the first bend.

--

Dr.Chin did not ascertain if any runners were coming on his outside and did not see Mr.Herlihy making ground to his outside.

--

I find that MERCKX’S was forced over extra ground and that the progress of MERCKX’S was impeded by the actions of Dr.Chin taking KASANOVA outwards whilst in a gallop and not letting his horse go forward when in the clear.

--

Mr.Taumanu made submissions on penalty and sought a three day suspension of Dr.Chin’s horsemans licence. Mr Taumanu produced Dr.Chin’s driving record for perusal.

--

Dr.Chin stated he accepted the recommended three day suspension.

--

A suspension of Dr.Chin’s horsemans licence is imposed from the close of racing on the 18th January 2009 to and including the 29th January 2009.

--

 

--

Kevin G Coutts

--

Chairman

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: 064bc224aa0fcd0ee524ccba3f4c4e4c


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 16/01/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge - Te Awamutu HRC - 16 January 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

An information was filed following race number one, alleging a breach of rules 879 (1) 869 (4) the informant was Mr. T.W.Taumanu and the information alleged that Dr.L.Chin the driver of "KASYANOVA was in breach of these rules.



--

An information was filed following race number one, alleging a breach of rules 879 (1) 869 (4) the informant was Mr. T.W.Taumanu and the information alleged that Dr.L.Chin the driver of "KASYANOVA was in breach of these rules.

--

The information alleged that horseman Dr.l.Chin moved KASYANOVA outwards in a gallop where there was insufficient room causing MERCKX’S (Mr.A.G.Herlihy) progress to be badly impeded racing into the first bend.

--

Dr.Chin did not admit the breach of these rules and was present at the hearing of this information.

--

Mr.Taumanu showed the video of this incident and Mr.Muirhead identified the relevant runners and gave his interpretation of this video.

--

Mr. Taumanu alleged that Dr.Chin had not taken his horse clear of the field and he should have let his horse gallop forward of the field when clear and if Dr.chin had done this the progress of MERCKX’S would not have been impeded.

--

Mr.Herlihy was called to give evidence and he stated his progress was impeded and in his opinion he had lost at least 3 lengths because of being forced wider on the track and having to go around the breaking KASANOVA. Mr Herlihy also agreed that Dr.Chin should have let his horse gallop forward so as to be clear of the field after he moved out. Dr.Chin gave evidence and stated that he thought he had room to come out and get his horse clear of the field when in a break however he agreed that on the video he was not clear of Mr.Herlihy’s horse and did not know Mr.Herlihy’s horse was on his outer until it was too late.

--

Mr Taumanu summed up and stated that in his opinion Dr.Chin was in breach of the rules and had forced MERCKX’S over more ground and had clearly impeded the progress of that horse.

--

Dr.Chin also summed up and reiterated that he thought when he came out he had complied with the rule.

--

Decision and Reasons.

--

Having heard the evidence as presented by Mr.Taumanu, Mr Muirheads interpretation of the video Dr.Chin and Mr.Herlihy it is my finding the Dr,Chin is in breach of the rules in that he did not take KASANOVA clear of the field when he had the opportunity to do so racing into the first bend.

--

Dr.Chin did not ascertain if any runners were coming on his outside and did not see Mr.Herlihy making ground to his outside.

--

I find that MERCKX’S was forced over extra ground and that the progress of MERCKX’S was impeded by the actions of Dr.Chin taking KASANOVA outwards whilst in a gallop and not letting his horse go forward when in the clear.

--

Mr.Taumanu made submissions on penalty and sought a three day suspension of Dr.Chin’s horsemans licence. Mr Taumanu produced Dr.Chin’s driving record for perusal.

--

Dr.Chin stated he accepted the recommended three day suspension.

--

A suspension of Dr.Chin’s horsemans licence is imposed from the close of racing on the 18th January 2009 to and including the 29th January 2009.

--

 

--

Kevin G Coutts

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 35c67d6db93338e203e8032b3996ae52


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


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meetdate: 16/01/2009


meet_title: Cambridge - Te Awamutu HRC - 16 January 2009


meet_expappcomment:


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tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


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name: Cambridge - Te Awamutu HRC