Ashburton RC 3 July 2015 – R 1
ID: JCA16440
Code:
Thoroughbred
Meet Title:
Ashburton RC - 3 July 2015
Meet Chair:
KHales
Meet Committee Member 1:
GClapp
Meet Committee Member 2:
DANderson
Race Date:
2015/07/03
Race Number:
R1
Decision:
As Mr Haruki has admitted the charge it is thereby deemed to be proved.
Penalty:
Mr Haruki is accordingly suspended for 3 race riding days. He does not wish to apply for a deferment of the commencement of the penalty period.
Thus, Mr Haruki is suspended from the conclusion of racing on Friday 3rd July until the conclusion of racing on Friday 24th July. That period of suspension will cover race meetings at Timaru on 10th July, Oamaru on 19th July and Ashburton on 24th July 2015.
Facts:
As a result of an incident in the Quigley Contracting Rating 75, approximately 300 metres from the winning post, Mr M Haruki, Licensed Apprentice Jockey was charged with a breach of Rule 638(1)(d) of the Rules of Racing. The Stipendiary Stewards alleged that Mr Haruki permitted his mount "Sandy's Star" to shift out, passing the 300 metres and into the line of "Mr Costa Cugat" which clipped the heels of "Sandy's Star" and blundered badly.
The video coverage of the fact situation was explained to the hearing by Stipendiary Steward Mr N Ydgren. He pointed out that Mr Haruki's mount was racing about one horse width off the running rail, with no other horses in front of him. "Mr Costa Cugat" was behind him, but approximately two horse widths out. Mr Haruki was not at all material times, his own horse length and another length clear. Mr Haruki then, when riding with some vigour, allowed his horse to shift outwards, into the line of "Mr Costa Cugat". The result was that "Mr Costa Cugat" clipped the heels of Mr Haruki's mount,"Sandy's Star". As a consequence, "Mr Costa Cugat" "blundered" forward, and nearly dislodged its rider, Mr R Cuneen.
In explanation, (with the assistance of his employer, Mr Hughes), Mr Haruki said that "Mr Costa Cugat" had been racing on his outside for quite some distance, but was running erratically. He said that "Mr Costa Cugat" would improve, and then drop back, and did this several times before the incident. Mr Hughes thought that "Mr Costa Cugat" had in some way contributed to the interference caused.
Submissions for Penalty:
Mr McLaughlin said that Mr Haruki has had approximately 100 race rides during the 2014/2015 season. Mr Haruki has had only one suspension during that time and that was on 4th July 2014. Mr McLaughlin said that Mr Haruki rides in the South Island only, and referred to the Judicial Control Authority's Penalty Guide which provides as a starting point, a suspension of 3 days, for South Island only riders. Mr McLaughlin felt that Mr Haruki was not helped by the actions of "Mr Costa Cugat" and said that he considered the degree of carelessness to be towards the lower end of the scale.
In response, Mr Hughes agreed with Mr McLaughlin's view of the degree of carelessness. He said that "Mr Costa Cugat" was a big awkward horse that was racing erratically, and contributed to the incident.
Reasons for Penalty:
Our starting point for penalty is a suspension of 3 riding days. We are then bound to take into account aggravating and mitigating factors.
We do not agree that the degree of carelessness was low range, regardless of Mr Hughes' opinion of the racing actions of "Mr Costa Cugat". That horse was at all material times in close proximity to Mr Haruki's mount, and the plain and simple fact of the matter is that Mr Haruki was not his own horse length and another length clear as he moved out across the line of the other horse. That horse clipped the heels of Mr Haruki's mount, and nearly came down. The safety of Mr Cuneen was compromised by Mr Haruki's carelessness.
Accordingly, we consider this to be an aggravating factor which warrants an uplift on our starting point, of 1 day, making our starting point, 4 days.
Against that, we take into account the mitigating factors. Mr Haruki has had approximately 100 rides during the current season, and has had only one suspension during that time.That was one day short of a year ago. Mr Haruki has also admitted the charge at an early opportunity. These factors allow us to afford Mr Haruki a discount of 1 day on our starting point.
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: b536efeb1f1f1bf4493d5fb6bd2de080
informantnumber: A5414
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 04/07/2015
hearing_title: Ashburton RC 3 July 2015 - R 1
charge:
facts:
As a result of an incident in the Quigley Contracting Rating 75, approximately 300 metres from the winning post, Mr M Haruki, Licensed Apprentice Jockey was charged with a breach of Rule 638(1)(d) of the Rules of Racing. The Stipendiary Stewards alleged that Mr Haruki permitted his mount "Sandy's Star" to shift out, passing the 300 metres and into the line of "Mr Costa Cugat" which clipped the heels of "Sandy's Star" and blundered badly.
The video coverage of the fact situation was explained to the hearing by Stipendiary Steward Mr N Ydgren. He pointed out that Mr Haruki's mount was racing about one horse width off the running rail, with no other horses in front of him. "Mr Costa Cugat" was behind him, but approximately two horse widths out. Mr Haruki was not at all material times, his own horse length and another length clear. Mr Haruki then, when riding with some vigour, allowed his horse to shift outwards, into the line of "Mr Costa Cugat". The result was that "Mr Costa Cugat" clipped the heels of Mr Haruki's mount,"Sandy's Star". As a consequence, "Mr Costa Cugat" "blundered" forward, and nearly dislodged its rider, Mr R Cuneen.
In explanation, (with the assistance of his employer, Mr Hughes), Mr Haruki said that "Mr Costa Cugat" had been racing on his outside for quite some distance, but was running erratically. He said that "Mr Costa Cugat" would improve, and then drop back, and did this several times before the incident. Mr Hughes thought that "Mr Costa Cugat" had in some way contributed to the interference caused.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Haruki has admitted the charge it is thereby deemed to be proved.
sumissionsforpenalty:
Mr McLaughlin said that Mr Haruki has had approximately 100 race rides during the 2014/2015 season. Mr Haruki has had only one suspension during that time and that was on 4th July 2014. Mr McLaughlin said that Mr Haruki rides in the South Island only, and referred to the Judicial Control Authority's Penalty Guide which provides as a starting point, a suspension of 3 days, for South Island only riders. Mr McLaughlin felt that Mr Haruki was not helped by the actions of "Mr Costa Cugat" and said that he considered the degree of carelessness to be towards the lower end of the scale.
In response, Mr Hughes agreed with Mr McLaughlin's view of the degree of carelessness. He said that "Mr Costa Cugat" was a big awkward horse that was racing erratically, and contributed to the incident.
reasonsforpenalty:
Our starting point for penalty is a suspension of 3 riding days. We are then bound to take into account aggravating and mitigating factors.
We do not agree that the degree of carelessness was low range, regardless of Mr Hughes' opinion of the racing actions of "Mr Costa Cugat". That horse was at all material times in close proximity to Mr Haruki's mount, and the plain and simple fact of the matter is that Mr Haruki was not his own horse length and another length clear as he moved out across the line of the other horse. That horse clipped the heels of Mr Haruki's mount, and nearly came down. The safety of Mr Cuneen was compromised by Mr Haruki's carelessness.
Accordingly, we consider this to be an aggravating factor which warrants an uplift on our starting point, of 1 day, making our starting point, 4 days.
Against that, we take into account the mitigating factors. Mr Haruki has had approximately 100 rides during the current season, and has had only one suspension during that time.That was one day short of a year ago. Mr Haruki has also admitted the charge at an early opportunity. These factors allow us to afford Mr Haruki a discount of 1 day on our starting point.
penalty:
Mr Haruki is accordingly suspended for 3 race riding days. He does not wish to apply for a deferment of the commencement of the penalty period.
Thus, Mr Haruki is suspended from the conclusion of racing on Friday 3rd July until the conclusion of racing on Friday 24th July. That period of suspension will cover race meetings at Timaru on 10th July, Oamaru on 19th July and Ashburton on 24th July 2015.
hearing_type: Hearing
Rules: Rule 638(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless
Informant: J M McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr M Haruki - Licensed Apprentice Jockey
Otherperson: Mr K Hughes - Licensed Trainer assisting Mr Haruki
PersonPresent:
Respondent:
StipendSteward:
raceid: 3f0e2551b7b437498390184c022ca3fa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d07803ea62ef7adb3324cd4f48cf85e9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/07/2015
meet_title: Ashburton RC - 3 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: GClapp
meet_pm2: DANderson
name: Ashburton RC