Auckland RC 5 December 2020 – R 2 – Chair, Mr G Jones
ID: JCA15416
Code:
Thoroughbred
Meet Title:
Auckland RC - 5 December 2020
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2020/12/05
Race Number:
R2
Decision:
The Committee finds the charge is proved to the requisite standard.
Penalty:
The Committee granted Mr Asano a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 9 days commencing after racing on 9 December 2020 and concluding after racing on 23 December 2020.
Facts:
This is a defended hearing arising from the running of Race 2 the JP & Associates 1300. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging the rider of GAS MONKEY (K Asano), permitted his mount to shift in when not sufficiently clear of ROCKLAND which was forced inwards crowding COTTON EYE JOE which had to be checked near the 1200 metres.
Apprentice rider Mr Asano endorsed the Information “I do not admit the breach of the rule”. This was confirmed at the commencement of the hearing. Mr Asano was assisted at the hearing by Licensed Trainer Mr A Scott.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Submissions for Decision:
The Informant Mr Williamson, advised the Committee that he intended to call three witnesses to prove the charge, namely Stipendiary Steward Mr B Jones, Ms T Thornton (rider of ROCKLAND) and Ms S Collett (rider of COTTON EYE JOE).
Witness Mr B Jones
Using the back straight video footage Stipendiary Steward Mr Jones demonstrated the incident and identified the horses and riders concerned; namely GAS MONKEY (K Asano), COTTON EYE JOE (S Collett) and ROCKLAND (T THORNTON). He told the Committee that approaching the 1200-metre mark GAS MONKEY raced up wide towards the lead after jumping from a wide barrier at the 1300 metre start point. He said that Mr Asano angled his mount inward, and dictated ROCKLAND on to COTTON EYE JOE who was checked and lost at least two lengths as a result. Mr Jones estimated that when Mr Asano shifted in, he was barely 3/4 length clear of ROCKLAND, whereas he should have been his own length and one other when shifting in.
Mr Asano raised a query as to whether there was a head on film available. Mr Williamson advised that although there was no direct head on film, there were five cameras operating and these included back straight, side on (2), Hill Tower and turn. Race films from each of these cameras were played focusing on the alleged incident.
Under cross examination Mr Asano questioned Mr Jones as to whether he had in fact shifted in and whether he was more than ¾ length clear of ROCKLAND. In response Mr Jones reconfirmed what he had earlier said in his evidence. He added that Mr Asano shifted in to be three off the fence when in fact he should have remained four off. Mr Asano put it to Mr Jones that the riders on his inside had already taken hold of their mounts before he shifted in. Mr Jones reiterated that Mr Asano shifted in when not clear.
Witness Ms T Thornton
In her evidence Ms Thornton stated that Mr Asano came across when riding forward and dictated her line “a little bit”. She said that as a result she tightened the runner on her inside (COTTON EYE JOE). Ms Thornton added that she had to restrain her mount to avoid the heels of GAS MONKEY. In concluding her evidence Ms Thornton confirmed that she was dictated inward.
In response to a question from Mr Asano, Ms Thornton advised that there was no outside pressure placed on to her prior to GAS MONKEY shifting in.
Witness Ms Collett
In her evidence Ms Collett stated that she had established her mount in a one-off position behind the leaders and was aware of the outside horse (GAS MONKEY) coming across and creating pressure. She said that as a result of that pressure she was forced into an awkward spot. Ms Collett referred to the two runners to her outside who created that pressure, namely ROCKLAND and COTTON EYE JOE. She added as a consequence her mount pulled a shoe and received a punctured foot.
Mr Asano had no questions of Ms Collett in cross examination.
Respondent - Mr Asano
In his evidence Mr Asano stated that there was a gap for the horse inside of him (ROCKLAND) and Ms Thornton did not take that gap; and she could have kicked up to his inside. He said that she took hold of her mount despite having room. He stated that he never crossed and after jumping from barrier 12 he was four horse widths off the fence after 200 metres.
Summing up – Informant
In summing up the Informant's case Mr Williamson reinforced the following points:
1.-That it was Ms Thornton’s evidence that Mr Asano was not clear and she had to restrain her mount after being dictated inward.
2.-That it was Ms Collett’s evidence that her mount was checked quite badly when relieving the pressure.
3.-That Mr Asano needed to be in a four wide position to allow room for the three runners to his inside and until he was clear of those horses, he is not permitted to shift in.
4.-That the films clearly show that Mr Asano shifted in to a three wide position and this caused the interference to the inside horses.
Summing up – Respondent
Mr Scott summed up the case on behalf of Mr Asano. He submitted that it was a 1300 metre race, a distance that is rarely run on the Ellerslie course. He said that the camera angles are poor and they do not clearly provide clear evidence. He submitted that COTTON EYE JOE was never crossed and that horse (COTTON EYE JOE) has had issues in the past with its racing manners. He concluded his submission by stating that he does not believe Mr Asano broke the (careless riding) rule. He said that he has crowded them, but at no point did he cross over.
Reasons for Decision:
After considering the evidence and reviewing the race films the Committee determined that the charge was proved. Mr Asano was careless and his level of carelessness was assessed as being in the low range. There were however consequences to two runners who had their chances affected to varying degrees. We will make further comment on this when determining penalty.
A rider is careless if he or she fails to take reasonable steps to avoid causing interference or causes interference as a result of a misjudgement or a mistake. In this case Mr Asano, when shifting in from his wide barrier misjudged the distance between his mount and ROCKLAND.
The available films, particularly the back straight film, clearly established that nearing the 1200 metre mark when racing wide, Mr Asano has shifted in one or two horse widths. This is evidenced by the mowing strip. The shift was gradual and not abrupt, but at the time Mr Asano was no more than ¾ length clear of ROCKLAND who was dictated inward. COTTON EYE JOE has been checked and lost about two lengths as a consequence. The onus was on Mr Asano to ensure that when he shifted in he was sufficiently clear of ROCKLAND.
The quality of the race films was raised by Mr Scott. Although there was no direct head on film, five camera angles were available. This was sufficient for the Committee to make a finding and we do not believe that Mr Asano was disadvantaged by not having further films available.
The Committee is therefore satisfied, that at the time of the shift, Mr Asano did not exercise the degree of care that a rider should exercise under the circumstances because he was not his own length and one other clear, as was stated by Stipendiary Steward Mr Jones as being the required distance, when a rider shifts in.
Submissions for Penalty:
Mr Williamson produced Mr Asano’s riding record which indicated 6 previous breaches under the careless riding Rule in the last 12 months. The most recent at the Riccarton meeting on 7 November 2020 and this resulted in a 7-day suspension. The other breaches are as follows:
28 December 2019 - Timaru, 7 days
23 January 2020 - Dunedin, 7 days
23 January 2020 - Dunedin, 8 days
1 August 2020 - Riccarton, 3 days
17 October 2020 - Ellerslie, 5 days
Mr Williamson said Stewards assessed the actual level of carelessness to be in the low range but given the consequences (two horses checked) it places the carelessness in the mid-range. He submitted that any proposed suspension should take account of Mr Asano’s poor record.
Mr Asano sought a deferment to any proposed suspension. Initially a 7-day deferment was sought and this was later revised, after conferring with his Racing Manager, until after racing on Wednesday 9 December 2020.
Mr Harris said that Mr Asano has not had a lot of race riding experience on the Ellerslie course, adding that it can be a very technical course.
Mr Scott said that Mr Asano has recently joined the O’Sullivan and Scott racing stable for a period of two months, on secondment, during the summer racing season.
Reasons for Penalty:
After considering the submissions and taking into account the consequences we assessed Mr Asano’s carelessness to be low range. However pursuant to Rule 920 (2), due to the consequences to the two affected horses, one being dictated inward and the other checked and lost two lengths, a one-day uplift was applied. The starting point for low range carelessness is 6 days and with the uplift we adopted a 7-day starting point. This is in conformity with a low to mid-range breach.
Mr Asano’s riding record was assessed as very poor, given that this is his seventh breach in 12 months and fourth this current racing season (since 1 August 2020). It has to be said that in the past seven weeks his last two suspensions have resulted in him being suspended for 12 national days. Our records indicate that Mr Asano’s (careless riding) record is currently the worst of any Jockey in New Zealand. His riding record is therefore an aggravating factor that we are compelled to consider when assessing penalty for which we apply a further 2-day uplift from our starting point of 7 days.
Mr Asano defended the charge, which his is entitled to do, however we are unable to afford him any discount for admitting the breach. Notwithstanding we do not penalise Mr Asano for defending the charge.
The Committee noted that Mr Asano is a particularly busy apprentice rider whose services are in high demand in both Islands. We have noted that he will be based in the Northern region during the summer and we encourage him to take whatever advice Mr O’Sullivan, Mr Scott or Mr Harris can provide to help reduce his repeat offending.
After taking into account all the above factors the Committee considered that an appropriate suspension was 9 (national) days.
JCA Decision Fields (raw)
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hearingid: 909fe43e695c3bc3b0f22c5ad4b26d65
informantnumber: A13390
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 06/12/2020
hearing_title: Auckland RC 5 December 2020 – R 2 – Chair, Mr G Jones
charge:
facts:
This is a defended hearing arising from the running of Race 2 the JP & Associates 1300. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging the rider of GAS MONKEY (K Asano), permitted his mount to shift in when not sufficiently clear of ROCKLAND which was forced inwards crowding COTTON EYE JOE which had to be checked near the 1200 metres.
Apprentice rider Mr Asano endorsed the Information “I do not admit the breach of the rule”. This was confirmed at the commencement of the hearing. Mr Asano was assisted at the hearing by Licensed Trainer Mr A Scott.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
appealdecision:
isappeal:
submissionsfordecision:
The Informant Mr Williamson, advised the Committee that he intended to call three witnesses to prove the charge, namely Stipendiary Steward Mr B Jones, Ms T Thornton (rider of ROCKLAND) and Ms S Collett (rider of COTTON EYE JOE).
Witness Mr B Jones
Using the back straight video footage Stipendiary Steward Mr Jones demonstrated the incident and identified the horses and riders concerned; namely GAS MONKEY (K Asano), COTTON EYE JOE (S Collett) and ROCKLAND (T THORNTON). He told the Committee that approaching the 1200-metre mark GAS MONKEY raced up wide towards the lead after jumping from a wide barrier at the 1300 metre start point. He said that Mr Asano angled his mount inward, and dictated ROCKLAND on to COTTON EYE JOE who was checked and lost at least two lengths as a result. Mr Jones estimated that when Mr Asano shifted in, he was barely 3/4 length clear of ROCKLAND, whereas he should have been his own length and one other when shifting in.
Mr Asano raised a query as to whether there was a head on film available. Mr Williamson advised that although there was no direct head on film, there were five cameras operating and these included back straight, side on (2), Hill Tower and turn. Race films from each of these cameras were played focusing on the alleged incident.
Under cross examination Mr Asano questioned Mr Jones as to whether he had in fact shifted in and whether he was more than ¾ length clear of ROCKLAND. In response Mr Jones reconfirmed what he had earlier said in his evidence. He added that Mr Asano shifted in to be three off the fence when in fact he should have remained four off. Mr Asano put it to Mr Jones that the riders on his inside had already taken hold of their mounts before he shifted in. Mr Jones reiterated that Mr Asano shifted in when not clear.
Witness Ms T Thornton
In her evidence Ms Thornton stated that Mr Asano came across when riding forward and dictated her line “a little bit”. She said that as a result she tightened the runner on her inside (COTTON EYE JOE). Ms Thornton added that she had to restrain her mount to avoid the heels of GAS MONKEY. In concluding her evidence Ms Thornton confirmed that she was dictated inward.
In response to a question from Mr Asano, Ms Thornton advised that there was no outside pressure placed on to her prior to GAS MONKEY shifting in.
Witness Ms Collett
In her evidence Ms Collett stated that she had established her mount in a one-off position behind the leaders and was aware of the outside horse (GAS MONKEY) coming across and creating pressure. She said that as a result of that pressure she was forced into an awkward spot. Ms Collett referred to the two runners to her outside who created that pressure, namely ROCKLAND and COTTON EYE JOE. She added as a consequence her mount pulled a shoe and received a punctured foot.
Mr Asano had no questions of Ms Collett in cross examination.
Respondent - Mr Asano
In his evidence Mr Asano stated that there was a gap for the horse inside of him (ROCKLAND) and Ms Thornton did not take that gap; and she could have kicked up to his inside. He said that she took hold of her mount despite having room. He stated that he never crossed and after jumping from barrier 12 he was four horse widths off the fence after 200 metres.
Summing up – Informant
In summing up the Informant's case Mr Williamson reinforced the following points:
1.-That it was Ms Thornton’s evidence that Mr Asano was not clear and she had to restrain her mount after being dictated inward.
2.-That it was Ms Collett’s evidence that her mount was checked quite badly when relieving the pressure.
3.-That Mr Asano needed to be in a four wide position to allow room for the three runners to his inside and until he was clear of those horses, he is not permitted to shift in.
4.-That the films clearly show that Mr Asano shifted in to a three wide position and this caused the interference to the inside horses.
Summing up – Respondent
Mr Scott summed up the case on behalf of Mr Asano. He submitted that it was a 1300 metre race, a distance that is rarely run on the Ellerslie course. He said that the camera angles are poor and they do not clearly provide clear evidence. He submitted that COTTON EYE JOE was never crossed and that horse (COTTON EYE JOE) has had issues in the past with its racing manners. He concluded his submission by stating that he does not believe Mr Asano broke the (careless riding) rule. He said that he has crowded them, but at no point did he cross over.
reasonsfordecision:
After considering the evidence and reviewing the race films the Committee determined that the charge was proved. Mr Asano was careless and his level of carelessness was assessed as being in the low range. There were however consequences to two runners who had their chances affected to varying degrees. We will make further comment on this when determining penalty.
A rider is careless if he or she fails to take reasonable steps to avoid causing interference or causes interference as a result of a misjudgement or a mistake. In this case Mr Asano, when shifting in from his wide barrier misjudged the distance between his mount and ROCKLAND.
The available films, particularly the back straight film, clearly established that nearing the 1200 metre mark when racing wide, Mr Asano has shifted in one or two horse widths. This is evidenced by the mowing strip. The shift was gradual and not abrupt, but at the time Mr Asano was no more than ¾ length clear of ROCKLAND who was dictated inward. COTTON EYE JOE has been checked and lost about two lengths as a consequence. The onus was on Mr Asano to ensure that when he shifted in he was sufficiently clear of ROCKLAND.
The quality of the race films was raised by Mr Scott. Although there was no direct head on film, five camera angles were available. This was sufficient for the Committee to make a finding and we do not believe that Mr Asano was disadvantaged by not having further films available.
The Committee is therefore satisfied, that at the time of the shift, Mr Asano did not exercise the degree of care that a rider should exercise under the circumstances because he was not his own length and one other clear, as was stated by Stipendiary Steward Mr Jones as being the required distance, when a rider shifts in.
Decision:
The Committee finds the charge is proved to the requisite standard.
sumissionsforpenalty:
Mr Williamson produced Mr Asano’s riding record which indicated 6 previous breaches under the careless riding Rule in the last 12 months. The most recent at the Riccarton meeting on 7 November 2020 and this resulted in a 7-day suspension. The other breaches are as follows:
28 December 2019 - Timaru, 7 days
23 January 2020 - Dunedin, 7 days
23 January 2020 - Dunedin, 8 days
1 August 2020 - Riccarton, 3 days
17 October 2020 - Ellerslie, 5 days
Mr Williamson said Stewards assessed the actual level of carelessness to be in the low range but given the consequences (two horses checked) it places the carelessness in the mid-range. He submitted that any proposed suspension should take account of Mr Asano’s poor record.
Mr Asano sought a deferment to any proposed suspension. Initially a 7-day deferment was sought and this was later revised, after conferring with his Racing Manager, until after racing on Wednesday 9 December 2020.
Mr Harris said that Mr Asano has not had a lot of race riding experience on the Ellerslie course, adding that it can be a very technical course.
Mr Scott said that Mr Asano has recently joined the O’Sullivan and Scott racing stable for a period of two months, on secondment, during the summer racing season.
reasonsforpenalty:
After considering the submissions and taking into account the consequences we assessed Mr Asano’s carelessness to be low range. However pursuant to Rule 920 (2), due to the consequences to the two affected horses, one being dictated inward and the other checked and lost two lengths, a one-day uplift was applied. The starting point for low range carelessness is 6 days and with the uplift we adopted a 7-day starting point. This is in conformity with a low to mid-range breach.
Mr Asano’s riding record was assessed as very poor, given that this is his seventh breach in 12 months and fourth this current racing season (since 1 August 2020). It has to be said that in the past seven weeks his last two suspensions have resulted in him being suspended for 12 national days. Our records indicate that Mr Asano’s (careless riding) record is currently the worst of any Jockey in New Zealand. His riding record is therefore an aggravating factor that we are compelled to consider when assessing penalty for which we apply a further 2-day uplift from our starting point of 7 days.
Mr Asano defended the charge, which his is entitled to do, however we are unable to afford him any discount for admitting the breach. Notwithstanding we do not penalise Mr Asano for defending the charge.
The Committee noted that Mr Asano is a particularly busy apprentice rider whose services are in high demand in both Islands. We have noted that he will be based in the Northern region during the summer and we encourage him to take whatever advice Mr O’Sullivan, Mr Scott or Mr Harris can provide to help reduce his repeat offending.
After taking into account all the above factors the Committee considered that an appropriate suspension was 9 (national) days.
penalty:
The Committee granted Mr Asano a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 9 days commencing after racing on 9 December 2020 and concluding after racing on 23 December 2020.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr K Asano (Rider of GAS MONKEY)
Otherperson: Mr A Scott - Trainer assisting Mr Asano, Mr N Harris (Apprentice Jockey Mentor), Mr B Jones - Stipendiary Steward, Ms T Thornton (Jockey), Ms S Collett (Jockey)
PersonPresent:
Respondent:
StipendSteward:
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race_title: R2
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meetdate: 05/12/2020
meet_title: Auckland RC - 5 December 2020
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meet_chair: GJones
meet_pm1: ASmith
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name: Auckland RC