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Auckland TC 12 April 2019 - R10 - Chair, Mr A Smith

Created on 15 April 2019

Rules:
869(2)(b)
Committee:
ASmith (chair)
GJones
Name(s):
Dr L Chin - Open Horseman - Driver of SAVITSKAYA
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A10733
Plea:
Admitted
Charge:
Breach of Rule 869(2)(b) - Contravention of the Use of the Whip Regulations
Evidence:

This charge arises from the running of Race 10, the Yee-Haw Its American Night April 26 Mobile Trot 1609m. An Information was filed by Senior Stipendiary Steward Mr S Mulcay alleging Licensed Open Horseman; Mr L Chin breached Rule 869(2)(a) in that he used his whip in breach of the “use of the whip” regulations driving SAVITSKAYA over the final 400m.

Rule 869(2)(b) provides that:

No Horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Chin endorsed the information that he admitted the breach and did not wish to be present at the hearing.

Senior Stipendiary Steward Mr Mulcay used available video footage to demonstrate the breach. He identified SAVITSKAYA just inside the final 400m and identified Mr Chin driving his horse out to the finish. Mr Mulcay said that Mr Chin used his whip on 12-13 occasions in the final straight which was in breach of the whip use regulations.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay produced Mr Chin's Record which showed no breaches of the rule in the previous 6 months. Mr Mulcay submitted that it was a low end breach, the strikes were not forceful and that an appropriate penalty would be one in line with the JCA penalty Guide.

Due to Mr Chin choosing not to be present at the hearing, no submissions were received from Mr Chin in relation to the breach or penalty.

Reasons For Penalty:

The JCA Penalty Guide for a 1st breach of this rule establishes starting points, on a graduated scale, based on the number of strikes:

11 - 13 $200
14 - 16 $300
17 and over $500

The Committee has carefully reviewed the video footage of Mr Chin’s drive in the final 400m of the race. The Committee identified that Mr Chin did strike his horse on 12 occasions in the final straight. While the strikes were not overly forceful, the number of strikes is a clear breach of the Whip Regulations.

There are no aggravating factors and accordingly we have no compelling reasons to deviate from the $200 starting point.

Penalty:

Mr Chin was fined the sum of $200.

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