HR Waikato 8 January 2016 – R 3 – Chair, Mr A Godsalve
ID: JCA11197
Meet Title:
Harness Racing Waikato - 8 January 2016
Meet Chair:
AGodsalve
Meet Committee Member 1:
TCastles
Race Date:
2016/01/08
Race Number:
R 3
Decision:
Accordingly we find the elements of this Information have been satisfied and the charge is therefore proved.
Penalty:
Accordingly we suspend Dr Chin's license to drive in races from after racing tonight-8 January, to after racing on 5th February 2015-4 weeks.
Facts:
Following the running of Race 3, the FAIRVIEW MOTORS CAMBRIDGE HANDICAP TROT, an Information was laid by Mr Mulcay alleging that Dr L Chin, driving TERESKOVA 'failed to take all reasonable and permissible measures between the 2000 metres and the 1100 metres to ensure his mare was given full opportunity to win the race or to obtain the best possible position and/or finishing place by remaining three wide rather than restrain to take up a position in the one out from the running line'.
Dr Chin was present at the hearing and indicated that he did not admit the breach.
Rule 868(2) provides 'Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place'.
Submissions for Decision:
Mr Mulcay advised the Committee that the race in question was a standing start for trotters over 2700. He added that the horse TERESKOVA, trained and driven by Dr Chin, had started from barrier position 1 on the front line. Mr Mulcay stated that shortly after the start TERESKOVA had gone off-stride and galloped for some distance before regaining its gait. The horse was then in a 3 wide position at the rear of the field outside IDLE BONES, driven by Mr B Mangos.
Mr Mulcay said that at that stage Dr Chin appeared to be assessing his options, that is, whether to go forward with the horse or to take a better position at the rear but closer to the running rail. When it became apparent that the horse was unable to improve its position, it was clear to the Stewards that Dr Chin elected to stay in a 3 wide position. Mr Mulcay said that from around the 2000 metres mark Dr Chin kept the horse 3 wide and this was where the area of concern began for the Stewards. He said that as Dr Chin did not attempt to take a more advantageous position with his horse, it ended up covering considerably more ground than it should have. He added that it was the Stewards opinion that TERESKOVA did not appear to be causing Dr Chin any undue difficulty in handling it at this time. Mr Mulcay said that along the back straight there was clearly room for Dr Chin to drop TERESKOVA into a position behind IDLE BONES if he had attempted to do so. However KD HALL which had been some lengths behind IDLE BONES then improved into the position that had been available to TERESKOVA and Dr Chin lost the opportunity to restrain TERESKOVA and drop in behind IDLE BONES. Mr Mulcay added that at around the 1200 metres mark it appeared that Dr Chin had decided to take a position closer in, however by then the opportunity had been lost as other horses had moved up into the space which had been available to him.
Using the available films, Mr Muirhead stated that prior to the 2000 metres mark there had been no issues to concern the Stewards regarding Dr Chins driving. However, as pointed out on the films, Mr Muirhead added that Dr Chin should have dropped TERESKOVA in behind horses on his inside to take up a position on the markers. Mr Muirhead added that there had been every opportunity for Dr Chin to do so as there was room for this to happen behind the horses on his inside at the time.
Dr Chin had no questions of either Mr Mulcay or Mr Muirhead. He stated that when he had managed to get TERESKOVA back into a trot he was outside IDLE BONES. He said that because of adverse weather at the time there was a lot of mud and slush near the inside of the track and horses were racing away from the markers because of this. He added that there was room for him to improve ahead of SARAH LINDENNY which was racing in front of him, however TERESKOVA was unable to accelerate in the conditions and he couldn't make it into that space. He added that TERESKOVA was 'on the bit' and he was concerned that she would go off-stride again if he took a hold of her and tried to restrain her.
In reply to a question from the Committee Dr Chin agreed that there had been at least 5 lengths available behind IDLE BONES where he could have dropped TERESKOVA into if he had attempted to do so. Dr Chin re-iterated that his drive at this part of the race looked worse than it was due to the fact that horses were racing away from the markers due to the track conditions.
Mr Mulcay asked Dr Chin if he agreed that after passing the winning post the first time he had about 300 metres in which he could have eased TERESKOVA down and take a position behind IDLE BONES if he had wished to. Dr Chin said he agreed that the distance was about 300 metres. Mr Mulcay also asked Dr Chin if he agreed that from about the 1700 metres to the 1200 metres he could have dropped TERESKOVA in behind KD HALL. Dr Chin agreed with that statement also.
In Summary Mr Mulcay stated that there were 2 clear windows of opportunity for Dr Chin to show initiative, be decisive, and give his mare a better run in a better position one-out outside IDLE BONES and then one-out outside KD HALL. He added that Dr Chin’s failure to do so was, in the Stewards view, unreasonable and culpable. Mr Mulcay stated that he took issue with Dr Chin’s statement that horses were not racing on the markers as it was clear from the film that several were in fact doing so.
Dr Chin stated in summation that TERESKOVA had not felt comfortable in the existing track conditions, and that she had not raced left-handed for some time. He stated that he ended up being 'parked' and was not aware what horses were behind him. He acknowledged that after viewing the films again he could have pulled back earlier but had made a judgement call at the time.
Reasons for Decision:
The Committee took careful note of all of the evidence from each of the parties and viewed the available films, both while the parties were giving evidence and independently later. This Rule calls for drivers to 'obtain the best possible position and/or finishing place' and we are satisfied that Dr Chin has not done that. It was clear that there were two lengthy opportunities between the 2000 metres and the 1100 metres where TERESKOVA could have been placed in a position where she would have had a less demanding trip and possibly finish in a better position. We accept that conditions were not ideal however other drivers managed to cope with them without placing their horses in positions where TERESKOVA had been placed in this race.
On further assessment of the films it was not apparent to the Committee that TERESKOVA was giving Dr Chin a particularly difficult drive, which in our opinion gives strength to our decision which follows.
Submissions for Penalty:
Mr Mulcay produced Dr Chin’s driving record which showed no prior breaches of this Rule within at least the past 12 months. He submitted that Dr Chin’s failure to satisfy the subject Rule was a breach which fell into the mid-high range on the scale of seriousness. Mr Mulcay added that the JCA Penalty Guide had a starting point of a fine of $750, a suspension of 15 drives, or a combination of both. Mr Mulcay submitted that the Stewards believed that under the circumstances the Committee could consider a suspension of Dr Chin’s driving license for one month.
Dr Chin stated that he had never been charged with a breach of this Rule. He told the Committee that he usually drove his own trotters as he also trained them and knew them well. He said that he did not have any horses racing at the upcoming Thames meeting 2 days later, and would engage other drivers for his horses at other upcoming meetings if he was suspended from driving them himself. Dr Chin added that in retrospect he may have driven TERESKOVA differently however he said he had to make decisions at the time.
Reasons for Penalty:
The Committee believe that a breach of this Rule is a relatively serious matter. We are guided by the JCA Penalty Guide which has a starting point of a fine of $750, a 15 drive suspension, or a combination of both. We accept that due to the prolonged distance involved in this breach that it falls into the mid to high level on the scale.
To Dr Chin's favour is that he has had a relatively long driving career and has not breached this Rule before. In assessing an appropriate penalty the Committee is guided by penalties imposed on other drivers by Committees for breaching this Rule. These recent penalties imposed range from suspensions of 3 weeks to 11 weeks, some with fines attached.
This Committee is satisfied that Dr Chin has made an error of judgement on this occasion and there is certainly no evidence of any ulterior motive on his part. Nevertheless the breach calls for a period of suspension.
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: 108f3a5ed5d346ee262ef6d8774a6ebf
informantnumber: A3689
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to take all reasonable and permissable measures
plea: denied
penaltyrequired: 1
decisiondate: 12/01/2016
hearing_title: HR Waikato 8 January 2016 - R 3 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 3, the FAIRVIEW MOTORS CAMBRIDGE HANDICAP TROT, an Information was laid by Mr Mulcay alleging that Dr L Chin, driving TERESKOVA 'failed to take all reasonable and permissible measures between the 2000 metres and the 1100 metres to ensure his mare was given full opportunity to win the race or to obtain the best possible position and/or finishing place by remaining three wide rather than restrain to take up a position in the one out from the running line'.
Dr Chin was present at the hearing and indicated that he did not admit the breach.
Rule 868(2) provides 'Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place'.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay advised the Committee that the race in question was a standing start for trotters over 2700. He added that the horse TERESKOVA, trained and driven by Dr Chin, had started from barrier position 1 on the front line. Mr Mulcay stated that shortly after the start TERESKOVA had gone off-stride and galloped for some distance before regaining its gait. The horse was then in a 3 wide position at the rear of the field outside IDLE BONES, driven by Mr B Mangos.
Mr Mulcay said that at that stage Dr Chin appeared to be assessing his options, that is, whether to go forward with the horse or to take a better position at the rear but closer to the running rail. When it became apparent that the horse was unable to improve its position, it was clear to the Stewards that Dr Chin elected to stay in a 3 wide position. Mr Mulcay said that from around the 2000 metres mark Dr Chin kept the horse 3 wide and this was where the area of concern began for the Stewards. He said that as Dr Chin did not attempt to take a more advantageous position with his horse, it ended up covering considerably more ground than it should have. He added that it was the Stewards opinion that TERESKOVA did not appear to be causing Dr Chin any undue difficulty in handling it at this time. Mr Mulcay said that along the back straight there was clearly room for Dr Chin to drop TERESKOVA into a position behind IDLE BONES if he had attempted to do so. However KD HALL which had been some lengths behind IDLE BONES then improved into the position that had been available to TERESKOVA and Dr Chin lost the opportunity to restrain TERESKOVA and drop in behind IDLE BONES. Mr Mulcay added that at around the 1200 metres mark it appeared that Dr Chin had decided to take a position closer in, however by then the opportunity had been lost as other horses had moved up into the space which had been available to him.
Using the available films, Mr Muirhead stated that prior to the 2000 metres mark there had been no issues to concern the Stewards regarding Dr Chins driving. However, as pointed out on the films, Mr Muirhead added that Dr Chin should have dropped TERESKOVA in behind horses on his inside to take up a position on the markers. Mr Muirhead added that there had been every opportunity for Dr Chin to do so as there was room for this to happen behind the horses on his inside at the time.
Dr Chin had no questions of either Mr Mulcay or Mr Muirhead. He stated that when he had managed to get TERESKOVA back into a trot he was outside IDLE BONES. He said that because of adverse weather at the time there was a lot of mud and slush near the inside of the track and horses were racing away from the markers because of this. He added that there was room for him to improve ahead of SARAH LINDENNY which was racing in front of him, however TERESKOVA was unable to accelerate in the conditions and he couldn't make it into that space. He added that TERESKOVA was 'on the bit' and he was concerned that she would go off-stride again if he took a hold of her and tried to restrain her.
In reply to a question from the Committee Dr Chin agreed that there had been at least 5 lengths available behind IDLE BONES where he could have dropped TERESKOVA into if he had attempted to do so. Dr Chin re-iterated that his drive at this part of the race looked worse than it was due to the fact that horses were racing away from the markers due to the track conditions.
Mr Mulcay asked Dr Chin if he agreed that after passing the winning post the first time he had about 300 metres in which he could have eased TERESKOVA down and take a position behind IDLE BONES if he had wished to. Dr Chin said he agreed that the distance was about 300 metres. Mr Mulcay also asked Dr Chin if he agreed that from about the 1700 metres to the 1200 metres he could have dropped TERESKOVA in behind KD HALL. Dr Chin agreed with that statement also.
In Summary Mr Mulcay stated that there were 2 clear windows of opportunity for Dr Chin to show initiative, be decisive, and give his mare a better run in a better position one-out outside IDLE BONES and then one-out outside KD HALL. He added that Dr Chin’s failure to do so was, in the Stewards view, unreasonable and culpable. Mr Mulcay stated that he took issue with Dr Chin’s statement that horses were not racing on the markers as it was clear from the film that several were in fact doing so.
Dr Chin stated in summation that TERESKOVA had not felt comfortable in the existing track conditions, and that she had not raced left-handed for some time. He stated that he ended up being 'parked' and was not aware what horses were behind him. He acknowledged that after viewing the films again he could have pulled back earlier but had made a judgement call at the time.
reasonsfordecision:
The Committee took careful note of all of the evidence from each of the parties and viewed the available films, both while the parties were giving evidence and independently later. This Rule calls for drivers to 'obtain the best possible position and/or finishing place' and we are satisfied that Dr Chin has not done that. It was clear that there were two lengthy opportunities between the 2000 metres and the 1100 metres where TERESKOVA could have been placed in a position where she would have had a less demanding trip and possibly finish in a better position. We accept that conditions were not ideal however other drivers managed to cope with them without placing their horses in positions where TERESKOVA had been placed in this race.
On further assessment of the films it was not apparent to the Committee that TERESKOVA was giving Dr Chin a particularly difficult drive, which in our opinion gives strength to our decision which follows.
Decision:
Accordingly we find the elements of this Information have been satisfied and the charge is therefore proved.
sumissionsforpenalty:
Mr Mulcay produced Dr Chin’s driving record which showed no prior breaches of this Rule within at least the past 12 months. He submitted that Dr Chin’s failure to satisfy the subject Rule was a breach which fell into the mid-high range on the scale of seriousness. Mr Mulcay added that the JCA Penalty Guide had a starting point of a fine of $750, a suspension of 15 drives, or a combination of both. Mr Mulcay submitted that the Stewards believed that under the circumstances the Committee could consider a suspension of Dr Chin’s driving license for one month.
Dr Chin stated that he had never been charged with a breach of this Rule. He told the Committee that he usually drove his own trotters as he also trained them and knew them well. He said that he did not have any horses racing at the upcoming Thames meeting 2 days later, and would engage other drivers for his horses at other upcoming meetings if he was suspended from driving them himself. Dr Chin added that in retrospect he may have driven TERESKOVA differently however he said he had to make decisions at the time.
reasonsforpenalty:
The Committee believe that a breach of this Rule is a relatively serious matter. We are guided by the JCA Penalty Guide which has a starting point of a fine of $750, a 15 drive suspension, or a combination of both. We accept that due to the prolonged distance involved in this breach that it falls into the mid to high level on the scale.
To Dr Chin's favour is that he has had a relatively long driving career and has not breached this Rule before. In assessing an appropriate penalty the Committee is guided by penalties imposed on other drivers by Committees for breaching this Rule. These recent penalties imposed range from suspensions of 3 weeks to 11 weeks, some with fines attached.
This Committee is satisfied that Dr Chin has made an error of judgement on this occasion and there is certainly no evidence of any ulterior motive on his part. Nevertheless the breach calls for a period of suspension.
penalty:
Accordingly we suspend Dr Chin's license to drive in races from after racing tonight-8 January, to after racing on 5th February 2015-4 weeks.
hearing_type: Hearing
Rules: 868(2)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Dr L Chin - Licensed Horseman Trainer/Driver of TERESKOVA
Otherperson: Mr J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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race_title: R 3
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meetdate: 08/01/2016
meet_title: Harness Racing Waikato - 8 January 2016
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meet_chair: AGodsalve
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name: Harness Racing Waikato