Waikato BOP H 23 September 2021 – R5 – Luk Chin

ID: RIB4883

Respondent(s):
Luk Chin - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr A Godsalve

Persons Present:
Dr Chin, Mr Mulcay

Information Number:
A16261

Decision Type:
Adjudicative Decision

Charge:
Breach of Whip Regulations

Rule(s):
869(2), Whip Regulations - Improper use of whip ( Regulations 3.2, 3.2.2 )

Plea:
Admitted

Animal Name:
SAFRAKOVA

Code:
Harness

Race Date:
23/09/2021

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R5

Hearing Date:
23/09/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Luk Chin was fined $300

SUMMARY OF FACTS:

An Information was lodged following Race 5 alleging that Driver Dr L Chin ‘used his whip with more than a wrist only flicking motion in the run home’.

Dr Chin said that he understood the Rule/Regulations and that he admitted the breach.

The relevant part of the Regulations ( 3.2.2) state ‘The forearm is not raised beyond forty-five degrees relative to the racing surface’.

EVIDENCE:

Using the films Mr Mulcay identified the horse SAFRAKOVA as the field entered the final straight. The horse had been leading but was under pressure to maintain its position. Dr Chin commenced using his whip in the approved manner, however for several strides he reverted to the old style and struck the horse without using undue force. However his whip use breached the Regulations. The horse was unplaced.

Dr Chin had nothing to add.

REASON FOR DECISION:

The breach is admitted and therefore proved.

SUBMISSION FOR PENALTY:

Mr Mulcay referred to the Guidelines which class this type of breach as a ‘medium level breach’ and incurring a starting point of a 2 day suspension or a $500 fine.

REASON FOR PENALTY:

Dr Chin has a clear record under this Regulation, and the strikes while breaching the Regulations were not forceful or prolonged. The Committee determined that a fine would be an appropriate penalty.

CONCLUSIONS:

A fine of $300 was imposed.

Decision Date: 23/09/2021

Publish Date: 27/09/2021