Auckland TC 16 February 2024 – R5 – Luk Chin

BACKGROUND:

Following the running of Race 5, the H R Fisken & Sons Northern Breeders Stakes Trot (Group 3), the Respondent Mr Luk Chin, admitted a charge that, as the Driver of the race winner JASINOVA, he failed to maintain a straight course in the run home, and shifted into the passing lane in the run home.

Rule 869(4) and Home Straight Regulations provide that:

(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

The Passing Lanes, False Rails and Home Straight Regulations provide:

1. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
2. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
3. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
4. Except where a driver is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
5. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.

EVIDENCE:

Senior Stipendiary Steward Mr Mulcay, showed video replays of the final stages of the race, particularly the run up the home straight.  He pointed out that entering the straight, JASINOVA (L Chin) was in front and well clear of the trailing runners. He said that initially Mr Chin maintained a straight line, then commenced to drift inwards and ended up in the passing lane for about seventy-five metres.

Mr Mulcay referred to the Section 4 of the Regulations and said that Mr Chin had an obligation to maintain a straight course and allow other trailing runners full access to the passing lane. He added however, that JASINOVA was well clear of the field and the inward shift did not result in JASINOVA gaining an unfair advantage.

In response, Mr Chin said that JASINOVA had been in front for most of the race and was tiring. He said that he held his whip in his left hand, which may have contributed to the inward shift.

DECISION:

Mr Chin admits the charge. It is therefore deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay said that Mr Chin has a clear record under the Rule. The Penalty Guide starting point for a breach of Rule 869(4) is a 5-day suspension. He said that Stewards assessed the breach to be very low level, and had the breach not occurred in a Group 3 Race, Mr Chin would have only received a warning.

Mr Mulcay reinforced the fact that there were no adverse consequences to any other runner.  He said there were several lengths between JASINOVA and trailing runners and on that basis, no advantage was gained, and no horse was denied the use of the passing lane. Mr Mulcay submitted that a 2 day suspension would be appropriate.

Mr Chin said that he agreed with the Stewards’ submission as to penalty and advised that he could commence any proposed suspension immediately.

REASONS FOR PENALTY:

The Penalty Guide suggests a 5 day suspension as the starting point when a breach of this nature occurs in a Group Race. All starting point penalties assume the severity of the breach is mid-range.

The Adjudicative Committee’s assessment of the breach is that it is at the very low end. Clearly, JASINOVA did shift into the passing lane over the concluding stages of the race when tiring and under pressure. But it was well clear of other runners and no advantage was gained, and no horse was denied access to the passing lane. The Adjudicative Committee concurs with the Stewards’ submission indicating that a 2 day suspension would ordinarily be suitable. However, given that the breach occurred in a Group 3 Race, the Adjudicative Committee deems a 3 day suspension to be appropriate under the circumstances.

CONCLUSION:

Mr Chin is suspended for 3 days commencing after racing on 16 February, and concluding after racing on 1 March 2024 (3 Northern meetings).