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.

Counties RC 6 December 2017 – R 2 – Chair, Mr B Scott

ID: JCA16352

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr H Marzuki - Class B Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Mr Marzuki, Mr M Williamson - Senior Stipendiary Steward

Information Number:
A10104

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 6 December 2017

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2017/12/06

Race Number:
R3

Decision:

The breach is admitted and accordingly the charge is upheld.

Penalty:

The Committee grants Mr Marzuki a deferment of suspension pursuant to Rule 1106(2) until after the conclusion of Racing on the 9th of December 2017. We also confirmed to Mr Marzuki that the Waipukurau and Ellerslie meetings referred to above were not taken into account in calculating his suspension.

The Committee orders that Mr Marzuki's License to ride in Races is suspended from the conclusion of racing on the 9th of December 2017 until after the conclusion of racing on the 22nd of December 2017. (8 National riding days).

Facts:

Following the running of the SSANGYONG 1100, an Information was lodged by Stipendiary Steward, Mr A Coles against Class B Jockey, Mr H Marzuki alleging that Mr Marzuki when riding DALGUINN near the 200 metres mark allowed his mount to shift in when not sufficiently clear of REGAL DANCER which was checked.

Mr Marzuki was present at the hearing and he advised the Committee that he understood the Rule and that he admitted the breach. Mr Marzuki was assisted by Apprentice Jockey's Mentor Mr N Harris.

Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Senior Stipendiary Steward, Mr M Williamson demonstrated the incident using the available race films. He showed where approximately 200 metres from the finish DALGIUNN was racing 2 out and behind it REGAL DANCER was one off and improving. In front was RUNNING MAN which was running about somewhat but was clear of the other 2 horses. He then showed where Mr Marzuki directs his mount to the inside when he was only three quarters of a length clear of REGAL DANCER. Mr Marzuki then continues to allow his horse to roll in and Mr Coleman the rider of REGAL DANCER had to check his mount when it was impeded.

Mr Marzuki had nothing to tell the Committee about the incident.

Mr Harris said that he was a talented Rider and he had just come back from suspension. He said that Mr Marzuki looked the wrong way when his horse rolled in and that he is doing a few things wrong at present.  He also said that he thought that Mr Marzuki was not in the "right headspace" at present.

Submissions for Penalty:

Mr Coles said that Mr Marzuki had a poor record and that he had had 4 suspensions in the last 12 months. These were on the 18/02/2017 (6 day suspension) , 05/05/2017 (5 day suspension) , 24/09/2017 (7 day suspension) and 08/11/2017 (8 day suspension).

Mr Coles also said that the incident was in the midrange of carelessness. He did say that Mr Marsuki should be given credit for his admission of the breach.

Mr Marzuki made no submissions as to penalty.

Mr Harris again said that Mr Marzuki was not in the right headspace but steps were being taken to correct that.

Mr Marzuki advised the Committee that he had engagements at Ellerslie on the 9th of December 2017 and asked for any suspension to commence after that.

The Committee pointed out to Mr Marzuki that we would not be taking into account the Waipukurau Racing Club meeting on the 10th of December 2017 because riders had already been declared for that meeting nor the Ellerslie meeting on the 13th of December 2017 because that is for invited riders only.

Reasons for Penalty:

The Committee reviewed the race films and the evidence presented. The race films show the incident very clearly and show where  Mr Marzuki has allowed his mount to roll in when not sufficiently clear and check REGAL DANCER. It was a completely careless and unnecessary movement by Mr Marzuki.

We assess the carelessness to be in the midrange of seriousness and the Penalty Guide recommends that the starting point penalty for this to be a suspension of 8 National Riding days.

Mr Marzuki's record is poor and for that we apply an uplift of 1 day. We have given Mr Marzuki a 1 day credit for his admission of the breach although we have pointed out to him that based on the film evidence he had no option other than to admit the breach.

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: a8e08d9797f2c0e2077267ec60c8680c


informantnumber: A10104


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 10/12/2017


hearing_title: Counties RC 6 December 2017 - R 2 - Chair, Mr B Scott


charge:


facts:

Following the running of the SSANGYONG 1100, an Information was lodged by Stipendiary Steward, Mr A Coles against Class B Jockey, Mr H Marzuki alleging that Mr Marzuki when riding DALGUINN near the 200 metres mark allowed his mount to shift in when not sufficiently clear of REGAL DANCER which was checked.

Mr Marzuki was present at the hearing and he advised the Committee that he understood the Rule and that he admitted the breach. Mr Marzuki was assisted by Apprentice Jockey's Mentor Mr N Harris.

Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Senior Stipendiary Steward, Mr M Williamson demonstrated the incident using the available race films. He showed where approximately 200 metres from the finish DALGIUNN was racing 2 out and behind it REGAL DANCER was one off and improving. In front was RUNNING MAN which was running about somewhat but was clear of the other 2 horses. He then showed where Mr Marzuki directs his mount to the inside when he was only three quarters of a length clear of REGAL DANCER. Mr Marzuki then continues to allow his horse to roll in and Mr Coleman the rider of REGAL DANCER had to check his mount when it was impeded.

Mr Marzuki had nothing to tell the Committee about the incident.

Mr Harris said that he was a talented Rider and he had just come back from suspension. He said that Mr Marzuki looked the wrong way when his horse rolled in and that he is doing a few things wrong at present.  He also said that he thought that Mr Marzuki was not in the "right headspace" at present.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and accordingly the charge is upheld.


sumissionsforpenalty:

Mr Coles said that Mr Marzuki had a poor record and that he had had 4 suspensions in the last 12 months. These were on the 18/02/2017 (6 day suspension) , 05/05/2017 (5 day suspension) , 24/09/2017 (7 day suspension) and 08/11/2017 (8 day suspension).

Mr Coles also said that the incident was in the midrange of carelessness. He did say that Mr Marsuki should be given credit for his admission of the breach.

Mr Marzuki made no submissions as to penalty.

Mr Harris again said that Mr Marzuki was not in the right headspace but steps were being taken to correct that.

Mr Marzuki advised the Committee that he had engagements at Ellerslie on the 9th of December 2017 and asked for any suspension to commence after that.

The Committee pointed out to Mr Marzuki that we would not be taking into account the Waipukurau Racing Club meeting on the 10th of December 2017 because riders had already been declared for that meeting nor the Ellerslie meeting on the 13th of December 2017 because that is for invited riders only.


reasonsforpenalty:

The Committee reviewed the race films and the evidence presented. The race films show the incident very clearly and show where  Mr Marzuki has allowed his mount to roll in when not sufficiently clear and check REGAL DANCER. It was a completely careless and unnecessary movement by Mr Marzuki.

We assess the carelessness to be in the midrange of seriousness and the Penalty Guide recommends that the starting point penalty for this to be a suspension of 8 National Riding days.

Mr Marzuki's record is poor and for that we apply an uplift of 1 day. We have given Mr Marzuki a 1 day credit for his admission of the breach although we have pointed out to him that based on the film evidence he had no option other than to admit the breach.


penalty:

The Committee grants Mr Marzuki a deferment of suspension pursuant to Rule 1106(2) until after the conclusion of Racing on the 9th of December 2017. We also confirmed to Mr Marzuki that the Waipukurau and Ellerslie meetings referred to above were not taken into account in calculating his suspension.

The Committee orders that Mr Marzuki's License to ride in Races is suspended from the conclusion of racing on the 9th of December 2017 until after the conclusion of racing on the 22nd of December 2017. (8 National riding days).


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr H Marzuki - Class B Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Marzuki, Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 49bde13e4d90002b3a7adf3848f4a9ea


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: feeb60c9029347e136d05afea525b95b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/12/2017


meet_title: Counties RC - 6 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Counties RC