Auckland TC 19 October 2023 – R5 – Luk Chin

Following the running of Race 5, Dr Luk Chin admitted a breach of Rule 869(3)(b) namely that he drove carelessly early in the run home by allowing his mare to shift inwards checking WISHING STAR (S Abernethy) which trotted roughly for a stride.

The Respondent endorsed the Information “I do admit a breach of the Rule” and confirmed he understood the Rule and nature of the charge.

Rule 869(3)(b) provides that ‘no driver in any race shall drive carelessly‘.

Using the available video footage Mr S Mulcay identified the horses involved in the incident namely, JASINOVA driven by L Chin, and WISHING STAR driven by S Abernethy.  He said that at the top of the straight Dr Chin in attempting to drive JASINOVA  out allowed it to move inwards and thus striking the hind leg of the inside horse WISHING STAR.  His actions were careless in allowing the runner to move inward and not drive the horse straight and his action in straightening the horse was too little too late.  WISHING STAR is observed to have briefly lost momentum but was able to retain its gait and was able to finish second.  The action did not warrant a protest.

Dr Chin admitted the breach.  In mitigation he referred to Mr Abernethy having confirmed that WISHING STAR did not break and the contact was to the hind leg.  There was no difference in placings.

Dr Chin submitted that the carelessness was at the lower end of the scale.

Decision

The breach is admitted and is therefore deemed proved.

Submissions for Penalty

Mr S Mulcay produced the Respondent’s record which indicated a previous breach at Cambridge on 12 October 2023 which attracted a fine of $300.  RIB Guidelines for a second offence is a four-day suspension as a starting point.

In mitigation Mr Mulcay submitted that the breach did not warrant a protest.  WISHING STAR retained second place.  He submitted an appropriate penalty would be a three meeting suspension in all the circumstances.

The Respondent had nothing to submit in relation to penalty

Reasons for Penalty

The Penalty Guide provides as a starting point a four-day suspension.  It is a low end breach which has not affected the finishing order.  Taking this into account together with Dr Chin’s record and his admission of the breach the Adjudicative Committee assessed the breach and determined that the penalty should be a three-day suspension.

Conclusion

The Respondent is suspended for three racedays commencing from driving from the end of racing on 19 October 2023 until end of racing 10 November 2023.