South Canterbury RC 22 August 2014 – R 3
ID: JCA15665
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 22 August 2014
Meet Chair:
PWilliams
Meet Committee Member 1:
PKnowles
Race Date:
2014/08/22
Race Number:
R3
Decision:
Penalty:
Mr Haruki is suspended for 4 weeks from the close of racing on Friday 29 August 2014 to the close of racing on Friday 26 September 2014.
Facts:
Following the running of race 3, the “Onceponatime and Patapan 1600 Rating 75”, Information A5723 was filed by Stipendiary Steward Mr J McLaughlin under Rule 636(1)(b). The Information stated “rider M Haruki failed to take all reasonable and permissible measures between the 800 metres and the 500 metres when restraining “Windwhistle” which lost ground”.
The Committee was aware that English is a second language for Mr Haruki and after having had the Rule read by Mr McLaughlin asked Mr Haruki to confirm he understood the Rule under which he had been charged. He said that after having had a detailed explanation of what he had done given to him by the Stewards prior to this hearing he now understood why he had been charged. Mr Hughes confirmed he had been present during the earlier meeting with the Stewards and was comfortable that Mr Haruki was aware of what had happened and what he was being charged with.
Mr Haruki signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct.
Rule 636 (1) (b) states “A person…..being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the Race or to obtain the best possible finishing place”.
Submissions for Decision:
Mr McLaughlin asked Mr Renault, using the side-on film of the race to highlight Mr Haruki racing in last place and some 4 lengths behind the second to last horse at approximately the 1000m mark. Mr McLaughlin said that at this stage of the race the stewards had no issues with Mr Haruki’s ride. He said at approximately the 900m mark Mr Haruki was 2 ½ lengths off the second to last horse and appearing to be “tracking into the race”. He said in the Stewards view he then appeared to take a hold of the horse and had not taken all reasonable and permissible measures to make up the ground on Ms Williams (El Bee Dee) and take up the ground on her inside that had been created by Ms Wynne (My Chino) moving forward at the 800m mark. He said Mr Haruki should have moved forward but chose to stay where he was showing very little effort to make up any ground. At that point he was some 7 lengths behind Ms Wynne and 4-5 lengths behind Ms Williams who was still in second to last place.
Mr McLaughlin said Mr Haruki continued to show little effort over the next 300m, describing it as “very mild riding” and near the 500m pointed out that he then struck the horse once on the shoulder and started to ride the horse forward.
Mr McLaughlin said that when discussing the incident with Mr Haruki prior to the hearing Mr Haruki did confirm that he had taken hold of his horse at the 800m mark.
Mr Haruki said that his riding instructions were that if he jumped well he was to stay handy but if his horse was slow away not to panic, let him find his feet and gradually get him into the race for a final effort down the home straight. He said at the 900m mark Ms Williams started to make ground on those in front of her which made him look as though he was losing ground. He said at this stage he was still thinking that he had plenty of time and would be able to make up the ground on the field so did not panic about closing the gap on the others. He said when he got to the 500m mark he realised he still had a lot of ground to make up and started to ride with a lot more vigour.
Mr Hughes said he had told Mr Haruki to do exactly what Mr Coles, the trainer of “Windwhistle”, told him to do. He also said Mr Haruki had recently been riding in the south on heavy tracks and perhaps had not adjusted to riding on a Dead 4 track as it was today and had anticipated that he would easily gather in those racing in front of him. He said he had told Mr Haruki not to panic if he was running last as horses racing at Timaru tended to fan out on entering the home straight and there would be plenty of gaps for him to take in the run to the line. He said Mr Haruki had shown a lack of judgment in how he had ridden.
Mr McLaughlin confirmed he had spoken to Mr Coles and that his instructions to Mr Haruki included saying that if was in the rear not to panic and gradually move his horse into the race. He also said when Mr Haruki did commence to ride with vigour he did not make up that much ground and ended up beating only 1 home. He said the stewards were not saying there was any intent on the part of Mr Haruki to hold the horse back, however, had he been much closer to the leader at the top of the straight he may have ended up running fourth or fifth. He concluded by saying the horse had been vetted and no apparent matters that could have affected its performance had been detected.
Submissions for Penalty:
Mr McLaughlin said Mr Haruki had not previously breached this Rule in his career. He said Mr Haruki was a very promising apprentice whose riding had improved considerably over recent months, however, a breach of this Rule was a serious matter and any penalty had to reflect that fact. He said in mitigation that there was clearly a “language issue” and that Mr Haruki had misunderstood his instructions following the horse being slow away and racing some distance behind the second to last horse. He submitted a suspension in the region of 4 weeks was an appropriate penalty.
Mr Hughes said Mr Haruki had been on the sidelines for almost a month after a recent breach of the careless riding Rule. He asked if a fine could be considered as an alternative penalty to a suspension but was told by the Chairman that it was not an appropriate penalty for a breach of this kind. Mr Hughes then said he thought a 2 week suspension would be a sufficient penalty.
Mr Haruki confirmed that if he were to be suspended he wished to seek a deferment of 7 days to enable him to ride at Ashburton on 29 August.
Reasons for Penalty:
The Committee has reviewed films of the incident and taken into account all the submissions made. The films clearly show after being slow away Mr Haruki raced at the back of the field and that at the 900m mark was some 2 ½ lengths behind the second to last horse. The films then show Mr Haruki riding with very little, if any, vigour for approximately the next 400m during which time he lost a further 2 to 3 lengths on the second to last horse. The Committee notes there was a clear gap for Mr Haruki to improve into without going outside any other horses but he chose not to make that ground up and only when he got to the 500m did he commence to show any vigour.
The Committee believes Mr Haruki’s limited understanding of English has contributed to the Information being laid. He was given alternative instructions depending on whether the horse jumped away well or not and when it didn’t he did what he was told – not to panic and let the horse gradually improve into the race. By his own he admission he thought that with 800m to go he still had plenty of time to make up ground on the leaders and so continued to let the horse run along at its own pace rather than hunting it up to be in a position to challenge the leaders on the home turn. Mr Haruki is an experienced apprentice and should have used his judgment better to work out that he was too far behind the field with only 800m to run and he should have had the confidence to ride with more vigour from that point rather than waiting for a further 300m.
The Committee is very clearly of the view there was no intent on Mr Haruki’s part to deliberately prevent the horse from having every opportunity to finish the race in the best possible placing. However, the betting public and connections of the horse were let down by his poor lack of judgment, inexperience and his failure to meet his obligations under the Rules of Racing in relation to this Rule.
The JCA’s Penalty Guidelines state the starting point for a breach of this Rule is suspension of 6 weeks. We have taken into account Mr Haruki’s admittance of the breach and also that he has not previously breached this Rule. We have also reviewed the JCA’s list of penalties imposed under this Rule over the last 5 years to ensure, as best we can, a general consistency with those decisions. The majority of breaches of this Rule relate to not taking all reasonable and permissible measure in the closing stages of a race and only 1 breach (Jockey C in January 2013) can be considered similar to today's.
The Committee has decided an appropriate penalty is a period of suspension. From a starting point of 6 weeks we have reduced that by 1 week because Mr Haruki has admitted the breach and shown genuine remorse during the hearing. We have reduced the penalty by a further week because of the language issues detailed above but expect Mr Haruki to show better judgment in interpreting his riding instructions in the future.
Mr Haruki’s request for a deferment of 7 days is agreed to in terms of Rule 1106(2).
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: c16626387ec2172cb16c94c46a7ac7c5
informantnumber: A5723
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to take all reasonable and permissable measures
plea: admitted
penaltyrequired: 1
decisiondate: 18/08/2014
hearing_title: South Canterbury RC 22 August 2014 - R 3
charge:
facts:
Following the running of race 3, the “Onceponatime and Patapan 1600 Rating 75”, Information A5723 was filed by Stipendiary Steward Mr J McLaughlin under Rule 636(1)(b). The Information stated “rider M Haruki failed to take all reasonable and permissible measures between the 800 metres and the 500 metres when restraining “Windwhistle” which lost ground”.
The Committee was aware that English is a second language for Mr Haruki and after having had the Rule read by Mr McLaughlin asked Mr Haruki to confirm he understood the Rule under which he had been charged. He said that after having had a detailed explanation of what he had done given to him by the Stewards prior to this hearing he now understood why he had been charged. Mr Hughes confirmed he had been present during the earlier meeting with the Stewards and was comfortable that Mr Haruki was aware of what had happened and what he was being charged with.
Mr Haruki signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct.
Rule 636 (1) (b) states “A person…..being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the Race or to obtain the best possible finishing place”.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin asked Mr Renault, using the side-on film of the race to highlight Mr Haruki racing in last place and some 4 lengths behind the second to last horse at approximately the 1000m mark. Mr McLaughlin said that at this stage of the race the stewards had no issues with Mr Haruki’s ride. He said at approximately the 900m mark Mr Haruki was 2 ½ lengths off the second to last horse and appearing to be “tracking into the race”. He said in the Stewards view he then appeared to take a hold of the horse and had not taken all reasonable and permissible measures to make up the ground on Ms Williams (El Bee Dee) and take up the ground on her inside that had been created by Ms Wynne (My Chino) moving forward at the 800m mark. He said Mr Haruki should have moved forward but chose to stay where he was showing very little effort to make up any ground. At that point he was some 7 lengths behind Ms Wynne and 4-5 lengths behind Ms Williams who was still in second to last place.
Mr McLaughlin said Mr Haruki continued to show little effort over the next 300m, describing it as “very mild riding” and near the 500m pointed out that he then struck the horse once on the shoulder and started to ride the horse forward.
Mr McLaughlin said that when discussing the incident with Mr Haruki prior to the hearing Mr Haruki did confirm that he had taken hold of his horse at the 800m mark.
Mr Haruki said that his riding instructions were that if he jumped well he was to stay handy but if his horse was slow away not to panic, let him find his feet and gradually get him into the race for a final effort down the home straight. He said at the 900m mark Ms Williams started to make ground on those in front of her which made him look as though he was losing ground. He said at this stage he was still thinking that he had plenty of time and would be able to make up the ground on the field so did not panic about closing the gap on the others. He said when he got to the 500m mark he realised he still had a lot of ground to make up and started to ride with a lot more vigour.
Mr Hughes said he had told Mr Haruki to do exactly what Mr Coles, the trainer of “Windwhistle”, told him to do. He also said Mr Haruki had recently been riding in the south on heavy tracks and perhaps had not adjusted to riding on a Dead 4 track as it was today and had anticipated that he would easily gather in those racing in front of him. He said he had told Mr Haruki not to panic if he was running last as horses racing at Timaru tended to fan out on entering the home straight and there would be plenty of gaps for him to take in the run to the line. He said Mr Haruki had shown a lack of judgment in how he had ridden.
Mr McLaughlin confirmed he had spoken to Mr Coles and that his instructions to Mr Haruki included saying that if was in the rear not to panic and gradually move his horse into the race. He also said when Mr Haruki did commence to ride with vigour he did not make up that much ground and ended up beating only 1 home. He said the stewards were not saying there was any intent on the part of Mr Haruki to hold the horse back, however, had he been much closer to the leader at the top of the straight he may have ended up running fourth or fifth. He concluded by saying the horse had been vetted and no apparent matters that could have affected its performance had been detected.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr McLaughlin said Mr Haruki had not previously breached this Rule in his career. He said Mr Haruki was a very promising apprentice whose riding had improved considerably over recent months, however, a breach of this Rule was a serious matter and any penalty had to reflect that fact. He said in mitigation that there was clearly a “language issue” and that Mr Haruki had misunderstood his instructions following the horse being slow away and racing some distance behind the second to last horse. He submitted a suspension in the region of 4 weeks was an appropriate penalty.
Mr Hughes said Mr Haruki had been on the sidelines for almost a month after a recent breach of the careless riding Rule. He asked if a fine could be considered as an alternative penalty to a suspension but was told by the Chairman that it was not an appropriate penalty for a breach of this kind. Mr Hughes then said he thought a 2 week suspension would be a sufficient penalty.
Mr Haruki confirmed that if he were to be suspended he wished to seek a deferment of 7 days to enable him to ride at Ashburton on 29 August.
reasonsforpenalty:
The Committee has reviewed films of the incident and taken into account all the submissions made. The films clearly show after being slow away Mr Haruki raced at the back of the field and that at the 900m mark was some 2 ½ lengths behind the second to last horse. The films then show Mr Haruki riding with very little, if any, vigour for approximately the next 400m during which time he lost a further 2 to 3 lengths on the second to last horse. The Committee notes there was a clear gap for Mr Haruki to improve into without going outside any other horses but he chose not to make that ground up and only when he got to the 500m did he commence to show any vigour.
The Committee believes Mr Haruki’s limited understanding of English has contributed to the Information being laid. He was given alternative instructions depending on whether the horse jumped away well or not and when it didn’t he did what he was told – not to panic and let the horse gradually improve into the race. By his own he admission he thought that with 800m to go he still had plenty of time to make up ground on the leaders and so continued to let the horse run along at its own pace rather than hunting it up to be in a position to challenge the leaders on the home turn. Mr Haruki is an experienced apprentice and should have used his judgment better to work out that he was too far behind the field with only 800m to run and he should have had the confidence to ride with more vigour from that point rather than waiting for a further 300m.
The Committee is very clearly of the view there was no intent on Mr Haruki’s part to deliberately prevent the horse from having every opportunity to finish the race in the best possible placing. However, the betting public and connections of the horse were let down by his poor lack of judgment, inexperience and his failure to meet his obligations under the Rules of Racing in relation to this Rule.
The JCA’s Penalty Guidelines state the starting point for a breach of this Rule is suspension of 6 weeks. We have taken into account Mr Haruki’s admittance of the breach and also that he has not previously breached this Rule. We have also reviewed the JCA’s list of penalties imposed under this Rule over the last 5 years to ensure, as best we can, a general consistency with those decisions. The majority of breaches of this Rule relate to not taking all reasonable and permissible measure in the closing stages of a race and only 1 breach (Jockey C in January 2013) can be considered similar to today's.
The Committee has decided an appropriate penalty is a period of suspension. From a starting point of 6 weeks we have reduced that by 1 week because Mr Haruki has admitted the breach and shown genuine remorse during the hearing. We have reduced the penalty by a further week because of the language issues detailed above but expect Mr Haruki to show better judgment in interpreting his riding instructions in the future.
Mr Haruki’s request for a deferment of 7 days is agreed to in terms of Rule 1106(2).
penalty:
Mr Haruki is suspended for 4 weeks from the close of racing on Friday 29 August 2014 to the close of racing on Friday 26 September 2014.
hearing_type: Hearing
Rules: 636 (1)(b)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr M Haruki - Apprentice Jockey
Otherperson: Mr S Renault - Stipendiary Steward, Mr K Hughes - Licensed Trainer assisting Mr Haruki
PersonPresent:
Respondent:
StipendSteward:
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