Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Riverton RC 19 April 2014 – R 5

ID: JCA15465

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr M Haruki - Apprentice Jockey

Other Person:
Mr B Tapper - Mr Haruki's Employer

Information Number:
A3855

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Riverton RC - 19 April 2014

Meet Chair:
NSkelt

Meet Committee Member 1:
PKnowles

Race Date:
2014/04/19

Race Number:
R 5

Decision:

As Mr Haruki admitted the breach we find the charge proved.

Penalty:

The committee considered a suspension of five South Island riding days as an appropriate penalty - these days effectively being: 1 May (Riverton), 3 May (Riccarton), 9 May (Ashburton), 11 May Wairio JC, 16 May (South Canterbury).

Facts:

At the conclusion of race 5 The World Solar and Rutledge Trade Group Handicap an information (A3855) was lodged by Stipendiary Steward Mr M Davidson alleging that Apprentice Jockey Mr M Haruki allowed his horse Northern Tap to shift in when insufficiently clear of Lucky Nemo (D Skerrett) who clipped a heel and dislodged his rider near the 200 metre mark.

The rule reads 638(l)(d): a rider shall not ride a horse in a manner which the Judicial Committee consider to be careless.

Mr Haruki acknowledged he understood the nature of the charge, the rule, and confirmed his admission of the breach.

Mr B Tapper assisted Mr Haruki at the hearing.

Stipendiary Steward Mr Davidson showed the committee several video clips of the alleged incident, highlighting Northern Tap (M Haruki) who was racing near the rear of the field.

Approaching the 300 metres Mr Haruki drew his whip in his right hand and on using the whip, allowed his mount to shift inwards onto Lucky Nemo (D Skerrett), the resulting interference caused Lucky Nemo to clip heels and dislodge it’s rider about the 200 metre mark.

Mr Haruki stated that he had made an error of judgement allowing his horse to shift inwards, when he was not sufficiently clear of the horses inside him.

Mr Tapper, Mr Haruki’s employer said that the horse (Northern Tap) was difficult to ride and he felt as if there may have been some movement from the inside horses moving outwards that may have contributed to the incident. However Mr Tapper accepted that Mr Haruki had not taken enough care or corrective action.

Submissions for Penalty:

Stipendiary Steward Mr Davidson stated that he believed the breach was at the low end, but the consequences were severe, and that a suspension of four to five South Island riding days was appropriate.

Mr Davidson also stated that Mr Haruki had admitted the breach at the earliest possible time.

Mr Davidson stated that the committee had earlier in the meeting suspended Mr Haruki for two South Island riding days for a breach of the same rule.

Mr Haruki had also been suspended for two days on the 30th September 2013 at the Gore Meeting.

Mr Haruki made no submissions on penalty.

Reasons for Penalty:

The committee considered the video and verbal evidence carefully, and was satisfied that the breach was at the lower end of the scale, however as a result Mr Skerrett had been dislodged from his horse.

The committee also considered Mr Haruki’s two day suspension at the Gore Meeting 30th September 2013, and his most recent suspension, two South Island days earlier at today’s race meeting in race 4 at Riverton on 19 April 2014.

The JCA penalty guide recommends a starting point of 5 days suspension. The committee must take into account any aggravating or mitigating factors.

This breach was the third under this rule in the past twelve months, and on this occasion a jockey had been dislodged from his horse as a result of the incident. As a consequence we uplift the penalty by 2 days, making our starting point a suspension of 7 riding days.

We therefore turn to the mitigating factors. The degree of carelessness was low to mid-range and Mr Haruki admitted the breach at the very earliest opportunity, and co-operated fully with the stewards. These two factors enable us to allow Mr Haruki a 2 day discount on our starting point of 7 days.

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: 96ddb5eb792feee7c70d47a63a74650d


informantnumber: A3855


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 20/04/2014


hearing_title: Riverton RC 19 April 2014 - R 5


charge:


facts:

At the conclusion of race 5 The World Solar and Rutledge Trade Group Handicap an information (A3855) was lodged by Stipendiary Steward Mr M Davidson alleging that Apprentice Jockey Mr M Haruki allowed his horse Northern Tap to shift in when insufficiently clear of Lucky Nemo (D Skerrett) who clipped a heel and dislodged his rider near the 200 metre mark.

The rule reads 638(l)(d): a rider shall not ride a horse in a manner which the Judicial Committee consider to be careless.

Mr Haruki acknowledged he understood the nature of the charge, the rule, and confirmed his admission of the breach.

Mr B Tapper assisted Mr Haruki at the hearing.

Stipendiary Steward Mr Davidson showed the committee several video clips of the alleged incident, highlighting Northern Tap (M Haruki) who was racing near the rear of the field.

Approaching the 300 metres Mr Haruki drew his whip in his right hand and on using the whip, allowed his mount to shift inwards onto Lucky Nemo (D Skerrett), the resulting interference caused Lucky Nemo to clip heels and dislodge it’s rider about the 200 metre mark.

Mr Haruki stated that he had made an error of judgement allowing his horse to shift inwards, when he was not sufficiently clear of the horses inside him.

Mr Tapper, Mr Haruki’s employer said that the horse (Northern Tap) was difficult to ride and he felt as if there may have been some movement from the inside horses moving outwards that may have contributed to the incident. However Mr Tapper accepted that Mr Haruki had not taken enough care or corrective action.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Haruki admitted the breach we find the charge proved.


sumissionsforpenalty:

Stipendiary Steward Mr Davidson stated that he believed the breach was at the low end, but the consequences were severe, and that a suspension of four to five South Island riding days was appropriate.

Mr Davidson also stated that Mr Haruki had admitted the breach at the earliest possible time.

Mr Davidson stated that the committee had earlier in the meeting suspended Mr Haruki for two South Island riding days for a breach of the same rule.

Mr Haruki had also been suspended for two days on the 30th September 2013 at the Gore Meeting.

Mr Haruki made no submissions on penalty.


reasonsforpenalty:

The committee considered the video and verbal evidence carefully, and was satisfied that the breach was at the lower end of the scale, however as a result Mr Skerrett had been dislodged from his horse.

The committee also considered Mr Haruki’s two day suspension at the Gore Meeting 30th September 2013, and his most recent suspension, two South Island days earlier at today’s race meeting in race 4 at Riverton on 19 April 2014.

The JCA penalty guide recommends a starting point of 5 days suspension. The committee must take into account any aggravating or mitigating factors.

This breach was the third under this rule in the past twelve months, and on this occasion a jockey had been dislodged from his horse as a result of the incident. As a consequence we uplift the penalty by 2 days, making our starting point a suspension of 7 riding days.

We therefore turn to the mitigating factors. The degree of carelessness was low to mid-range and Mr Haruki admitted the breach at the very earliest opportunity, and co-operated fully with the stewards. These two factors enable us to allow Mr Haruki a 2 day discount on our starting point of 7 days.


penalty:

The committee considered a suspension of five South Island riding days as an appropriate penalty - these days effectively being: 1 May (Riverton), 3 May (Riccarton), 9 May (Ashburton), 11 May Wairio JC, 16 May (South Canterbury).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr M Haruki - Apprentice Jockey


Otherperson: Mr B Tapper - Mr Haruki's Employer


PersonPresent:


Respondent:


StipendSteward:


raceid: cd9af7861b3be0d237a299bedb75808c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6687e61d7346d4c12de8776ea3dc6a23


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/04/2014


meet_title: Riverton RC - 19 April 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: riverton-rc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


meet_pm1: PKnowles


meet_pm2: none


name: Riverton RC