Auckland TC 5 May 2022 – R1 – Luk Chin

ID: RIB9000

Respondent(s):
Luk Chin - Driver

Applicant:
Steve Mulcay - Senior Stipendiary Steward

Adjudicators:
Bryan Scott

Persons Present:
Dr Luk Chin, Mr Steve Mulcay

Information Number:
A16367

Decision Type:
Race Related Charge

Charge:
Using the whip continuously

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
SAFRAKOVA

Code:
Harness

Race Date:
05/05/2022

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R1

Hearing Date:
05/05/2022

Hearing Location:
Alexandra Park, Auckland

Outcome: Proved

Penalty: Driver Luk Chin is fined $300

Following the running of the MAJESTIC SON NZ CHAMPION TROTTING SIRE HCP TROT, an Information was lodged by Senior Stipendiary Steward Mr Steve Mulcay against Dr Luk Chin the Driver of SAFRAKOVA, alleging that Dr Chin used his whip continuously in the run home.

Rule 869(2) provides: No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board.

The Whip and Rein Regulations in part 3.3 provide: A driver shall not use a whip in an unapproved manner.

Part 3.4 of the Regulations provides: for the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.2 If the whip is applied excessively , continuously or without allowing the horse to respond.

Dr Chin was present at the hearing and he understood the Rule and admitted the breach.

Mr Mulcay demonstrated the incident by use of the race films and showed where in the home straight, Dr Chin used his whip continuously for about 150 metres.

He advised the Adjudicative Committee that the Stewards had no concerns at all over Dr Chin’s whip action or the force with which the whip was used.

Dr Chin agreed with Mr Mulcay’s evidence.

DECISION:

The breach is admitted and therefore the charge is upheld.

PENALTY SUBMISSIONS:

Mr Mulcay reiterated that the Stewards had no problems at all with Dr Chin’s whip action nor the force of his use of the whip. He said that Dr Chin had a clear record under this Rule and that a fine of $300 would be appropriate.

Dr Chin said that he agreed with Mr Mulcay’s submissions.

REASONS FOR PENALTY:

The use of the whip is continuous but the Adjudicative Committee agrees with the Stewards that there is no issue with Dr Chin’s whip action and the force with which the whip is used. The charge only arises because the whip action is continuous.

The Adjudicative Committee believes that the level of fine submitted by Mr Mulcay is appropriate.

CONCLUSION:

The Adjudicative Committee imposes a fine of $300 on Dr Chin.

Decision Date: 05/05/2022

Publish Date: 10/05/2022