Waikato BOP H 29 January 2024 – R1 – Luk Chin

ID: RIB38372

Respondent(s):
Luk Sun Chin - Driver

Applicant:
Mr S Mulcay - Stipendiary Steward

Adjudicators:
Hon J W Gendall KC (Chair), Ms G Himona

Persons Present:
Mr S Mulcay, Dr L Chin

Information Number:
A19417

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
MAZEPPA

Code:
Harness

Race Date:
29/01/2024

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R1

Hearing Date:
29/01/2024

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver Luk Chin is suspended for 3 days

EVIDENCE:

Following the running of Race 1, the “NZ CHEESE FESTIVAL 9TH MARCH BUY TICKETS NOW HCP TROT”, Mr Mulcay presented an Information charging Dr Chin with careless driving in breach of Rule 869(3)(b).

Dr Chin was the Driver of “MAZEPPA” and admitted the charge.

The race film illustrated the event when Dr Chin’s horse shifted inwards near the 100 metre point and in doing so, contacted the sulky wheel of the leading horse “ALANA”, resulting in “MAZEPPA” going into a break, losing all chance and finishing a distant last.

The careless driving was in Dr Chin being insufficiently clear of “ALANA” when shifting in.

DECISION:

As the charge was admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay advised that Dr Chin had one previous breach of this Rule in the last 12 months (in October 2023) for which he had been fined $300.  Mr Mulcay submitted that a suspension of 3 days was necessary for this breach.

The Respondent said that he accepted a suspension of 3 days was appropriate.  He said his horse had been racing keenly and in easing it in order to get into the track behind “ALANA”, he slightly contacted the sulky wheel of that horse.

REASONS FOR PENALTY:

Whilst the degree of carelessness was a minor misjudgment, it resulted in “MAZEPPA” losing all chance and a period of suspension was deemed appropriate in this case.

CONCLUSION:

Dr Chin’s License to drive is suspended for 3 driving days, namely on 2, 4 and 9 February (Hawera TC x 2, and Auckland TC) 2024 inclusive.

Decision Date: 29/01/2024

Publish Date: 31/01/2024