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South Canterbury RC 28 December 2019 – R 7 – Chair Mr R McKenzie

ID: JCA14118

Applicant:
Mr MR Davidson - Stipendiary Steward

Respondent(s):
Mr K Asano - Licensed Apprentice Jockey (Class B)

Other Person:
Mr DM Walsh - Apprentice Jockey Mentor, Mr JP Oatham - Chief Stipendiary Steward

Information Number:
A11858

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
South Canterbury RC - 28 December 2019

Meet Chair:
RMcKenzie

Meet Committee Member 1:
OJarvis

Race Date:
2019/12/28

Race Number:
R7

Decision:

Mr Asano having admitted the charge, it was found proved.

Penalty:

Mr Asano’s application for a deferment of suspension is granted. His Apprentice Jockey’s (Class B) licence is suspended from after the close of racing on 4 January 2020 up to and including 12 January 2020 – 7 national riding days.

Facts:

Following the running of Race 7, Craigmore Sustainable Holdings Limited Timaru Cup, an Information was filed by Stipendiary Steward, Mr MR Davidson, against Licensed Apprentice Jockey (Class B), Mr K Asano, alleging that Mr Asano, as the rider of OWEN PATRICK in the race, “angled his mount outwards when not sufficiently clear of SAVAPAK (L T Hemi) which was checked and blundered near the 250 metres”.

Mr Asano was present at the hearing of the Information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.

Rule 638 provides as follows:

(1)-A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
     (d)-careless.

Mr Davidson asked Chief Stipendiary Steward, Mr JP Oatham, to show the incident on head-on and side-on video replays. Mr Oatham pointed out the relevant runners, OWEN PATRICK, ridden by Mr Asano, and SAVAPAK, ridden by Ms Hemi, as the field entered the final straight. The former was racing towards the rear of the field, behind runners and held up. SAVAPAK was racing on the outside of OWEN PATRICK.

Mr Asano then angled his mount out attempting to shift to the outside of PAMIR (CR Barnes) and, in doing so, he shifted out into the line of SAVAPAK, which was quite severely checked and blundered quite badly, Mr Oatham said. Mr Asano had turned his mount’s head and shifted out quite abruptly in front of Miss Hemi, whose mount suffered relatively severe interference, Mr Oatham submitted.

In Mr Asano’s favour, Mr Oatham said, as Mr Asano attempted to shift out, PAMIR did shift out slightly, taking Mr Asano out slightly further than he had probably intended to go.

Mr Walsh said that the incident had been summed up very well by Mr Oatham.

Mr Asano did not wish to comment.

Submissions for Penalty:

Mr Davidson said that Mr Asano has received one suspension for careless riding in the last 12 months – on 12 October 2019 at Egmont, 5 days for a low-end breach of the Rule. Mr Asano has now had 379 career rides, he said. In the last 12 months, he has had 343 rides and is currently the country’s leading rider. He is a very busy rider. The suspension at Egmont was Mr Asano’s first ever, so Stewards see his record as being a good one in the circumstances, Mr Davidson said.

However, the breach was towards the high-end, Mr Davidson said. Mr Asano should be given credit for his immediate admission of the breach and his good record, he said.

Mr Davidson said that he had spoken with Mr AJ Carston, Licensed Trainer (Class A), Mr Asano’s employer, and was informed by him that Mr Asano has mounts right up to next Saturday. Stewards had no objection to a deferment, Mr Davidson said.

Mr Walsh said that Mr Asano’s record is “quite outstanding”. His career has really taken off this season and he has been riding extensively in both the North and South Islands. He has erred on this occasion, but the situation had been made worse by the contribution from PAMIR, Mr Walsh said.

Reasons for Penalty:

The Committee has assessed the degree of carelessness as being in the mid-to-high range, for which the Penalty Guide suggests a starting point for penalty of a 9-day suspension.

However, the Committee accepts that there has been contribution to the interference from PAMIR, the horse on Mr Asano’s inner which itself was pushed out marginally by the horse on its inside, SON OF MAHER.

Taking that factor into account, we have adjusted the starting point downwards to one of 8 days. From that adjusted starting point, we are able to give Mr Asano credit for his admission of the breach and his good riding record – mitigating factors that were submitted by Mr Davidson and with which we agree. We regard Mr Asano’s record as being a good one, notwithstanding the breach at Egmont, which was some 2½ months ago. We fix the appropriate discount at 1 day.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 9a6f663c3d5ca786e35bb1535e50983c


informantnumber: A11858


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2019


hearing_title: South Canterbury RC 28 December 2019 - R 7 - Chair Mr R McKenzie


charge:


facts:

Following the running of Race 7, Craigmore Sustainable Holdings Limited Timaru Cup, an Information was filed by Stipendiary Steward, Mr MR Davidson, against Licensed Apprentice Jockey (Class B), Mr K Asano, alleging that Mr Asano, as the rider of OWEN PATRICK in the race, “angled his mount outwards when not sufficiently clear of SAVAPAK (L T Hemi) which was checked and blundered near the 250 metres”.

Mr Asano was present at the hearing of the Information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.

Rule 638 provides as follows:

(1)-A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
     (d)-careless.

Mr Davidson asked Chief Stipendiary Steward, Mr JP Oatham, to show the incident on head-on and side-on video replays. Mr Oatham pointed out the relevant runners, OWEN PATRICK, ridden by Mr Asano, and SAVAPAK, ridden by Ms Hemi, as the field entered the final straight. The former was racing towards the rear of the field, behind runners and held up. SAVAPAK was racing on the outside of OWEN PATRICK.

Mr Asano then angled his mount out attempting to shift to the outside of PAMIR (CR Barnes) and, in doing so, he shifted out into the line of SAVAPAK, which was quite severely checked and blundered quite badly, Mr Oatham said. Mr Asano had turned his mount’s head and shifted out quite abruptly in front of Miss Hemi, whose mount suffered relatively severe interference, Mr Oatham submitted.

In Mr Asano’s favour, Mr Oatham said, as Mr Asano attempted to shift out, PAMIR did shift out slightly, taking Mr Asano out slightly further than he had probably intended to go.

Mr Walsh said that the incident had been summed up very well by Mr Oatham.

Mr Asano did not wish to comment.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Asano having admitted the charge, it was found proved.


sumissionsforpenalty:

Mr Davidson said that Mr Asano has received one suspension for careless riding in the last 12 months – on 12 October 2019 at Egmont, 5 days for a low-end breach of the Rule. Mr Asano has now had 379 career rides, he said. In the last 12 months, he has had 343 rides and is currently the country’s leading rider. He is a very busy rider. The suspension at Egmont was Mr Asano’s first ever, so Stewards see his record as being a good one in the circumstances, Mr Davidson said.

However, the breach was towards the high-end, Mr Davidson said. Mr Asano should be given credit for his immediate admission of the breach and his good record, he said.

Mr Davidson said that he had spoken with Mr AJ Carston, Licensed Trainer (Class A), Mr Asano’s employer, and was informed by him that Mr Asano has mounts right up to next Saturday. Stewards had no objection to a deferment, Mr Davidson said.

Mr Walsh said that Mr Asano’s record is “quite outstanding”. His career has really taken off this season and he has been riding extensively in both the North and South Islands. He has erred on this occasion, but the situation had been made worse by the contribution from PAMIR, Mr Walsh said.


reasonsforpenalty:

The Committee has assessed the degree of carelessness as being in the mid-to-high range, for which the Penalty Guide suggests a starting point for penalty of a 9-day suspension.

However, the Committee accepts that there has been contribution to the interference from PAMIR, the horse on Mr Asano’s inner which itself was pushed out marginally by the horse on its inside, SON OF MAHER.

Taking that factor into account, we have adjusted the starting point downwards to one of 8 days. From that adjusted starting point, we are able to give Mr Asano credit for his admission of the breach and his good riding record – mitigating factors that were submitted by Mr Davidson and with which we agree. We regard Mr Asano’s record as being a good one, notwithstanding the breach at Egmont, which was some 2½ months ago. We fix the appropriate discount at 1 day.


penalty:

Mr Asano’s application for a deferment of suspension is granted. His Apprentice Jockey’s (Class B) licence is suspended from after the close of racing on 4 January 2020 up to and including 12 January 2020 – 7 national riding days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr MR Davidson - Stipendiary Steward


JockeysandTrainer: Mr K Asano - Licensed Apprentice Jockey (Class B)


Otherperson: Mr DM Walsh - Apprentice Jockey Mentor, Mr JP Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_title: R7


submittochair:


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meetdate: 28/12/2019


meet_title: South Canterbury RC - 28 December 2019


meet_expappcomment:


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tracklocation: south-canterbury-rc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: OJarvis


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name: South Canterbury RC