Auckland TC 1 September 2022 – R1- Luk Chin

Summary of Facts:

Following the running of Race 1, the Respondent Luk Chin admitted a breach of Rule 869(3)(b); namely that he allowed his gelding to race well off the marker line rounding the home turn, which presented an inside run to the trailing runner.

The Respondent endorsed the Information ‘I do admit the breach of the rule’ and confirmed he understood the Rule.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage Stipendiary Steward S Mulcay identified the horses involved in the incident namely, VORONOV driven by L Chin and SAFRAKOVA driven by S McCaffrey. While demonstrating the video footage, Mr Mulcay said  that Mr Chin had made an error of judgement when allowing his drive to race well off the pegs on the home turn. He said that Mr Chin had advised the horse had a tendency to “get” in and raced in a hanging bit. He added due to that reason Mr Chin was mindful of staying “off the pegs”. He said that in staying off the pegs he presented a run to the trailing horse which was the stablemate.

Mr Mulcay said that the Stewards were satisfied there was no sinister intent and Mr Chin had simply made an error of judgement, and that was why the Stewards had filed a charge of careless driving as opposed to the more serious charge of improper driving. He concluded by saying that the trailing horse was able to achieve a run underneath VORONOV approximately 50m before the passing lane.

In response to a question to the Adjudicative Committee Mr Mulcay confirmed that there was no other runner affected by Mr Chin’s drive.

In explanation Mr Chin said that Mr Mulcay had explained it well. He said his drive was a young trotter and had a tendency to run about, but concluded by saying that was no excuse and he was simply trying to counter the horse’s bad habits.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward S Mulcay produced the Respondent’s record which was clear.

He said that the Guidelines in relation to careless driving recommended a starting point of a 10 drive suspension or a $500 fine. He said on this occasion Stewards would be seeking a suspension of 3 days given Mr Chin’s recent driving frequency, having taken into account his clear record and guilty plea.

The Respondent submitted that he would prefer a fine as he had 3 horses entered in the Spring trot series and would like the opportunity to drive them in the final.

Mr Mulcay added that a recent penalty for a similar charge had seen a Driver given a suspension and fine to achieve a reduction in suspension.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of 10 drives or $500 fine.

On this occasion the Adjudicative Committee viewed the breach as a mid range breach, due to the specific nature of the circumstances of the breach.

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner(s), the Adjudicative Committee adopted a 4 day suspension as the starting point.

The Respondent was given credit for his good record and admission of the breach resulting in a 1 day  reduction from the starting point.

After evaluating all of the factors the Adjudicative Committee determined a 3 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was suspended for 3 driving days.

Mr L Chin’s license was suspended commencing after racing on 1 September 2022 up to and including 23rd September 2022 – 3 Northern Meetings.