R Tauranga 21 December 2016 – R8 – Chair, Mr P Williams
ID: JCA12410
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 21 December 2016
Meet Chair:
PWilliams
Meet Committee Member 1:
ADooley
Race Date:
2016/12/21
Race Number:
R8
Decision:
Penalty:
Mr Nor Azman is suspended for 4 riding days from the close of racing on Tuesday 27 December 2016 to the close of racing on Sunday 01 January 2017 – the 4 days being Ellerslie (29 December), Taupo (30 December), Stratford (31 December) and Ellerslie/Hastings (01 January).
Facts:
Following the running of race 8, the “Cronin Cullen Egan Chartered Accountants 1400 ” Information A8521 was filed by Senior Stipendiary Steward, Mr M Williamson under Rule 638(1)(d). The Information stated “Zy Nor Azman (Conquering Kenny) allowed his mount to shift in near the 1200m dictating “Scooter O’Reilly” (A Collett) in onto “Hugo The Boss” (C Lammas) which had to be sharply checked”.
Mr Nor Azman signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. Mr Nor Azman was assisted during the hearing by Mr N Harris – Northern Region Apprentice Jockey Mentor.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Mr Coles, using the head-on and side-on films of the race from the start of the race identified Mr Nor Azman on “Conquering Kenny” in barrier 4, Ms Collett on “Scooter O’Reilly” in barrier 2 and Mr Lammas on “Hugo The Boss” in barrier 1. He said shortly after the start Mr Nor Azman commenced to move inwards towards the running rail in the belief that he was clear of the horses inside of him. Mr Coles said the films clearly showed that Mr Azman was never the required distance in front of Ms Collett who was racing 1 off the rail and the effect of her being dictated inwards was that there was a resultant significant check to Mr Lammas who was racing adjacent to the running rail. Mr Coles asked the Committee to note that whilst one angle of the incident did create the impression that Mr Nor Azman was dictated inwards by Mr Elliot on “Esbeedee” that was not the case as Mr Elliot was clearly some 3 lengths in front of Mr Azman when the latter moved inwards. Mr Coles did concede that as Mr Nor Azman moved inwards Ms Collett’s horse did try and move inwards and away from Mr Nor Azman but in any event Mr Nor Azman was never the required distance clear of Ms Collett. Mr Coles also said that, at the same time, Mr Lammas was hunting up to maintain his position on the rail and the impact of the check he received was that he lost about 1.5 lengths.
Mr Nor Azman said as he was moving in after the start he heard Ms Collett call out to him very loudly and he immediately corrected his inwards movement. He felt Ms Collett’s horse and Ms Collett herself had over reacted as he was moving in with her thinking that because he was an Apprentice he would not straighten up when she called out to him. Mr Nor Azman conceded he did not realise Mr Lammas was to the inside of Ms Collett. To a question from the Committee Mr Nor Azman said he was a neck to half a length in front of Ms Collett when he crossed over in front of her.
Mr Harris said prior to the hearing he had spoken to Mr Innes who had confirmed that “Scooter O”Reilly” was known to be erratic at times when racing and thought that had shown to be the case today because of the way it overreacted when Mr Nor Azman moved in. He agreed that Mr Nor Azman had moved inwards but reiterated that Mr Nor Azman was not aware, when doing so, of Mr Lammas being to the inside of Ms Collett.
Submissions for Penalty:
Mr Williamson said Mr Nor Azman had not breached the careless riding Rule in the previous 12 months which was a very good record. Mr Williamson said he agreed with Mr Harris that Ms Collett’s horse was known as being difficult to ride at times and was not completely tractable today but Mr Azman had not left enough room for the two horses on his inside when he moved across shortly after the start. He said Mr Azman was an inexperienced Apprentice who had had approximately 330 rides and 26 wins since commencing his apprenticeship nearly 18 months ago. He did not submit what he believed was an appropriate penalty other than to say that he believed it should be in the “low to mid range”.
Mr Nor Azman made no submissions on penalty other than to ask the Committee to take into account his very good riding record. He said he did occasionally ride in the Central Districts (most recently at New Plymouth) and this point was not disputed by Mr Williamson. After consideration he said he wished to defer any suspension that might be given to enable him to ride at Rotorua on 27 December.
Mr Harris said that Mr Nor Azman was a very good Apprentice and today’s incident was completely out of character.
Reasons for Penalty:
The Committee has reviewed films of the incident and taken into account all the submissions made. The films clearly show that shortly after the start Mr Nor Azman commenced an inwards movement and in doing so caused Ms Collett to be crowded. As she was being shifted inwards by Mr Nor Azman she then crowded Mr Lammas who was forced to check losing at least 2 lengths. The Committee notes the comments made about the racing manners of Ms Collett’s horse but Mr Nor Azman is required to ensure that in moving inwards as he did that he is at least his own length plus another in front of the runners to his inside and clearly on this occasion he was not. The Committee believes at best Mr Nor Azman was only half a length in front of Ms Collett when the incident occurred. That Mr Nor Azman took immediate corrective action is accepted but by then it was too late and his actions ultimately led to the check received by Mr Lammas. The Committee places the degree of severity close to mid range.
The JCA’s Penalty Guidelines state the starting point for a breach of the careless riding rule is 5 riding days. Having taken into account the aggravating factors above we have also taken into account Mr Nor Azman’s admittance of the breach and also his very good record in relation to this Rule. We also believe that whilst Mr Nor Azman has only been an Apprentice for just under 18 months he is far from being inexperienced. We have also taken into account that in recent months Mr Nor Azman has occasionally ridden in the Central Districts.
The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. From a starting point of 5 days we have reduced that by 1 day in recognition of Mr Nor Azman’s very good riding record and his admittance of the breach of the Rule.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 593e5563d3a783ab60245013fe22bbb9
informantnumber: A8521
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 22/12/2016
hearing_title: R Tauranga 21 December 2016 - R8 - Chair, Mr P Williams
charge:
facts:
Following the running of race 8, the “Cronin Cullen Egan Chartered Accountants 1400 ” Information A8521 was filed by Senior Stipendiary Steward, Mr M Williamson under Rule 638(1)(d). The Information stated “Zy Nor Azman (Conquering Kenny) allowed his mount to shift in near the 1200m dictating “Scooter O’Reilly” (A Collett) in onto “Hugo The Boss” (C Lammas) which had to be sharply checked”.
Mr Nor Azman signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. Mr Nor Azman was assisted during the hearing by Mr N Harris – Northern Region Apprentice Jockey Mentor.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Mr Coles, using the head-on and side-on films of the race from the start of the race identified Mr Nor Azman on “Conquering Kenny” in barrier 4, Ms Collett on “Scooter O’Reilly” in barrier 2 and Mr Lammas on “Hugo The Boss” in barrier 1. He said shortly after the start Mr Nor Azman commenced to move inwards towards the running rail in the belief that he was clear of the horses inside of him. Mr Coles said the films clearly showed that Mr Azman was never the required distance in front of Ms Collett who was racing 1 off the rail and the effect of her being dictated inwards was that there was a resultant significant check to Mr Lammas who was racing adjacent to the running rail. Mr Coles asked the Committee to note that whilst one angle of the incident did create the impression that Mr Nor Azman was dictated inwards by Mr Elliot on “Esbeedee” that was not the case as Mr Elliot was clearly some 3 lengths in front of Mr Azman when the latter moved inwards. Mr Coles did concede that as Mr Nor Azman moved inwards Ms Collett’s horse did try and move inwards and away from Mr Nor Azman but in any event Mr Nor Azman was never the required distance clear of Ms Collett. Mr Coles also said that, at the same time, Mr Lammas was hunting up to maintain his position on the rail and the impact of the check he received was that he lost about 1.5 lengths.
Mr Nor Azman said as he was moving in after the start he heard Ms Collett call out to him very loudly and he immediately corrected his inwards movement. He felt Ms Collett’s horse and Ms Collett herself had over reacted as he was moving in with her thinking that because he was an Apprentice he would not straighten up when she called out to him. Mr Nor Azman conceded he did not realise Mr Lammas was to the inside of Ms Collett. To a question from the Committee Mr Nor Azman said he was a neck to half a length in front of Ms Collett when he crossed over in front of her.
Mr Harris said prior to the hearing he had spoken to Mr Innes who had confirmed that “Scooter O”Reilly” was known to be erratic at times when racing and thought that had shown to be the case today because of the way it overreacted when Mr Nor Azman moved in. He agreed that Mr Nor Azman had moved inwards but reiterated that Mr Nor Azman was not aware, when doing so, of Mr Lammas being to the inside of Ms Collett.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Williamson said Mr Nor Azman had not breached the careless riding Rule in the previous 12 months which was a very good record. Mr Williamson said he agreed with Mr Harris that Ms Collett’s horse was known as being difficult to ride at times and was not completely tractable today but Mr Azman had not left enough room for the two horses on his inside when he moved across shortly after the start. He said Mr Azman was an inexperienced Apprentice who had had approximately 330 rides and 26 wins since commencing his apprenticeship nearly 18 months ago. He did not submit what he believed was an appropriate penalty other than to say that he believed it should be in the “low to mid range”.
Mr Nor Azman made no submissions on penalty other than to ask the Committee to take into account his very good riding record. He said he did occasionally ride in the Central Districts (most recently at New Plymouth) and this point was not disputed by Mr Williamson. After consideration he said he wished to defer any suspension that might be given to enable him to ride at Rotorua on 27 December.
Mr Harris said that Mr Nor Azman was a very good Apprentice and today’s incident was completely out of character.
reasonsforpenalty:
The Committee has reviewed films of the incident and taken into account all the submissions made. The films clearly show that shortly after the start Mr Nor Azman commenced an inwards movement and in doing so caused Ms Collett to be crowded. As she was being shifted inwards by Mr Nor Azman she then crowded Mr Lammas who was forced to check losing at least 2 lengths. The Committee notes the comments made about the racing manners of Ms Collett’s horse but Mr Nor Azman is required to ensure that in moving inwards as he did that he is at least his own length plus another in front of the runners to his inside and clearly on this occasion he was not. The Committee believes at best Mr Nor Azman was only half a length in front of Ms Collett when the incident occurred. That Mr Nor Azman took immediate corrective action is accepted but by then it was too late and his actions ultimately led to the check received by Mr Lammas. The Committee places the degree of severity close to mid range.
The JCA’s Penalty Guidelines state the starting point for a breach of the careless riding rule is 5 riding days. Having taken into account the aggravating factors above we have also taken into account Mr Nor Azman’s admittance of the breach and also his very good record in relation to this Rule. We also believe that whilst Mr Nor Azman has only been an Apprentice for just under 18 months he is far from being inexperienced. We have also taken into account that in recent months Mr Nor Azman has occasionally ridden in the Central Districts.
The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. From a starting point of 5 days we have reduced that by 1 day in recognition of Mr Nor Azman’s very good riding record and his admittance of the breach of the Rule.
penalty:
Mr Nor Azman is suspended for 4 riding days from the close of racing on Tuesday 27 December 2016 to the close of racing on Sunday 01 January 2017 – the 4 days being Ellerslie (29 December), Taupo (30 December), Stratford (31 December) and Ellerslie/Hastings (01 January).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr Z Nor Azman - Apprentice Jockey
Otherperson: Mr A Coles - Stipendiary Steward, Mr N Harris - Northern Region Apprentice Mentor - assisting Mr Nor Azman, Mr B Brown - NZ Racing Board Member - Observer
PersonPresent:
Respondent:
StipendSteward:
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meet_title: Racing Tauranga - 21 December 2016
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