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Canterbury R 13 February 2016 - R 8 - Chair, Mr S Ching

Created on 16 February 2016

Rules:
638(1)(d)
Committee:
SChing (chair)
GClapp
Name(s):
D Chin-Class B Apprentice Rider
Mr W Harnett - NZTR Apprentice Mentor
Mr J McLauglin - Stipendiary Steward representing Mr Davidson
Informant
M Davidson- Stipendiary Steward
Information Number
A7211
Plea:
Admitted
Charge:
Alleged breach of Rule 638(1)(d)-Careless riding
Evidence:

Following the running of Race 8, the Speights Mid Ale Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Apprentice Rider, Mr D Chin, the rider of FALZANO, alleging careless riding near the 900m by shifting inwards when not clear causing CARMEN SANDIEGO, ridden by Miss J Morris, to be crowded for some distance and checked.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Chin had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Chin also agreed that he understood the charge and the Rule it was brought under. Mr Chin was assisted at the hearing by NZTR Apprentice Mentor Mr W Harnett.

Stipendiary Steward Mr McLaughlin, representing Mr Davidson, gave evidence and used video coverage, to show that near the 900m, Mr Chin, riding FALZANO, was in a 5 wide position with CARMEN SANDIEGO, ridden by Miss Morris, in a 2 wide position and MULBERRY, ridden by Mr D Walsh, on the rails. He pointed out Mr Chin shifting inwards to take up a position closer to the rails and in doing so was not clear of Miss Morris’ mount who was crowded over some distance. Mr Chin, he said, continued with this inwards movement and as a result Miss Morris eventually had to check. Mr McLaughlin stated that this crowding continued on for approximately 100m before Miss Morris had to check and submitted that Mr Chin was only ¾ length in front of Miss Morris when he was attempting to shift in.

Mr Harnett stated on behalf of Mr Chin that the videos replays were not the best with both head on and side on views being obscured at times with the trees down the 1200m shute. He conceded that Mr Chin had squeezed Miss Morris for a period. The films, he said were not conclusive as to how long Mr Chin squeezed Miss Morris but submitted that it was a gradual movement until Miss Morris opted to take a hold of her horse. Mr Harnett said that Mr Chin has put himself in a position where he should not have been and with the films it was hard to tell how much pressure Mr Chin put on Miss Morris.

Decision:

As Mr Chin had admitted this breach of the Rules it was found to be proved.

Submission For Penalty:

Mr McLaughlin stated that Mr Chin had ridden on 100 occasions for 6 winners in Malaysia before beginning his career in New Zealand. He said that he had ridden on 26 occasions to date in New Zealand, was a 3kg claimer and was based in the South Island with his employer, Mr Rae’s South Island stable. He stated that Mr Chin should be considered a South Island Apprentice rider as that was where he was currently placed indefinitely and the area he had been riding in consistently for the previous months. Mr McLaughlin stated that Mr Chin’s record showed a previous breach of this rule in October 24 2015 where he received a 2-day suspension at Riccarton. Mr McLaughlin submitted that a term of suspension of 2 days be considered as penalty for Mr Chin.

Mr Harnett submitted that Mr Chin had made a misjudgement and would not learn by being on the sideline for too long. He submitted that a minimal term of suspension be imposed.

The issue of deferment was discussed with Mr Chin and Mr Harnett with Mr Chin requesting a deferment until Friday 19 February.

Reasons For Penalty:

In determining penalty, the Committee took into consideration Mr Chin’s ready admission of the breach, the level of carelessness, which we assessed as mid-range and his record which showed a previous breach in October 2015. In taking the JCA Penalty Guide starting point of 3 days for a South Island rider we determined that an uplift of 1 day to 4 days was required for the aggravating factors in this case being his record and the level of carelessness. However, we were able to give Mr Chin a discount of 1 day for his admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty in this case.

Penalty:

We therefore determined that Mr Chin’s Class B Apprentice Jockeys licence be suspended from the conclusion of racing Friday 19 February up to and including 28 February 2016. This suspension encompasses the days racing at Invercargill on 21 February, Omakau on 26 February and Cromwell on 28 February 2016.

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