Waikato BOP H 12 October 2023 – R2 – Dr Luk Chin

Summary of Facts:

Following the running of Race 2, the Respondent Dr Luk Chin admitted a breach of Rule 869(3)(b); namely that  he drove carelessly near the 2050m by allowing his drive to contact and puncture the sulky tyre of RUBY RIDGE.

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

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Senior Stipendiary Steward S Mulcay identified the horses involved in the incident namely, JASINOVA driven by L Chin and RUBY RIDGE driven by P Ferguson.   He said that Dr Chin looked to ease off the running line just after the 2100m and in doing so, he contacted the wheel of RUBY RIDGE.

In explanation, the Respondent stated that his horse was racing keenly and he was looking to get to the outside but in the process, contacted the wheel of the horse in front and to his outside (RUBY RIDGE).

Decision:

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

Submissions for Penalty:

Stipendiary Steward S Mulcay produced the Respondent’s record which indicated no previous breaches of this particular Rule. Mr Mulcay said that the Guidelines indicated a $300 fine was the starting point for a breach of this Rule.

The Respondent had nothing to submit in relation to penalty.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of $300.

The video evidence was very clear that RUBY RIDGE’s tyre was punctured and came off the rim as a result of JASINOVA contacting it. This would have had a detrimental effect on the potential finishing placing of RUBY RIDGE and the Adjudicative Committee sees this as an aggravating factor.

Having balanced Dr Chin’s good record against the aggravating factor (the impact on RUBY RIDGE), the Adjudicative Committee sees an appropriate penalty being set at $300.

Conclusion:

The Respondent was fined the sum of $300.