Auckland RC 3 December 2016 – R 8 – Chair, Mr A Dooley
ID: JCA16716
Code:
Thoroughbred
Meet Title:
Auckland RC - 3 December 2016
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2016/12/03
Race Number:
R8
Decision:
As Mr Marzuki admitted the breach the Committee find the charge proved.
Penalty:
We grant Mr Marzuki’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Marzuki had his license to ride in races suspended for a period to commence after racing on 10 December and conclude after racing on 21 December 2016 (4 days).
That period of suspension encompasses meetings at
11 December Ellerslie
14 December Matamata
17 December Te Rapa
21 December Tauranga
Facts:
Following the running of race 8, PDL Iconic, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Marzuki allowed his mount BOLD BACHELOR to shift out near the 200 metres into the line of BAMURRU (T Thornton) which had to shift in abruptly causing a check to TERRIFIQUE (V Colgan) who lost ground.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Marzuki at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles demonstrated the incident using the available video footage. He identified that near the 200 metres Mr Marzuki allowed his mount to shift out when it was under pressure. He said in doing so he was only a bare length clear of BAMURRU. He said this resulted in Mrs Thornton shifting in quickly to avoid clipping the heels of BOLD BACHELOR. This in turn resulted in TERRIFIQUE receiving a sharp check. Mr Coles noted the incident happened quite quickly and Mr Marzuki was an inexperienced Apprentice rider.
Mr Williamson added that Mrs Thornton had taken a hold of her mount for 3 strides before she shifted inwards.
Mr Harris said he pretty much agreed with Mr Coles' interpretation of the incident. Mr Harris identified on the films that Mr Marzuki’s mount had run out when it was hit with the whip. He said that Mr Marzuki stopped riding his mount to correct the outward movement but conceded he was not the required distance clear of Mrs Thornton. He said it was unfortunate that Mrs Thornton’s inward movement happened quickly and acknowledged that Mr Colgan’s mount received a sharp check.
Submissions for Penalty:
Mr Williamson produced Mr Marzuki’s record which showed no previous breach under this Rule from 18 rides in the country. He advised that Mr Marzuki had 31 rides in Singapore for 3 wins. He described the carelessness as being mid – range and the resultant interference towards the high end. He agreed that Mr Marzuki had made some attempt to correct his mount. Mr Williamson submitted a suspension was an appropriate penalty in line with the mid-range carelessness.
Mr Harris said he had spoken to Mr Marsh who employees Mr Marzuki and he had requested a 7 day deferment so Mr Marzuki could fulfil his engagements at Te Rapa on 10 December. Mr Harris asked the Committee to take into account Mr Marzuki’s admission of the breach and his clear record.
Mr Marzuki confirmed that he had only ridden in the Auckland / Waikato region.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point in the North Island for careless riding is a 5 day suspension. This is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr Marzuki’s admission of the breach and his good record from just 18 rides to date for which he was given a discount.
However, this has to be balanced against the aggravating factors. We reviewed the video footage of the incident and deemed the level of carelessness was mid – range. We identified that Mr Marzuki did take some corrective action but it was too late. The incident was accentuated by the sharp check that TERRIFIQUE received as a result of Mrs Thornton having to shift in quickly to avoid the heels of Mr Marzuki’s mount. We assess the consequences as being in the mid – to high range.
The Committee had regard to the fact that Mr Marzuki is an inexperienced Apprentice rider.
The Committee explained to Mr Marzuki how the calculation of days is applied.
After taking into account all the above factors the Committee considers an appropriate suspension to be 4 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: d8270b817d5a33df0fa76e00cb900397
informantnumber: A8519
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 05/12/2016
hearing_title: Auckland RC 3 December 2016 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, PDL Iconic, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Marzuki allowed his mount BOLD BACHELOR to shift out near the 200 metres into the line of BAMURRU (T Thornton) which had to shift in abruptly causing a check to TERRIFIQUE (V Colgan) who lost ground.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Marzuki at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles demonstrated the incident using the available video footage. He identified that near the 200 metres Mr Marzuki allowed his mount to shift out when it was under pressure. He said in doing so he was only a bare length clear of BAMURRU. He said this resulted in Mrs Thornton shifting in quickly to avoid clipping the heels of BOLD BACHELOR. This in turn resulted in TERRIFIQUE receiving a sharp check. Mr Coles noted the incident happened quite quickly and Mr Marzuki was an inexperienced Apprentice rider.
Mr Williamson added that Mrs Thornton had taken a hold of her mount for 3 strides before she shifted inwards.
Mr Harris said he pretty much agreed with Mr Coles' interpretation of the incident. Mr Harris identified on the films that Mr Marzuki’s mount had run out when it was hit with the whip. He said that Mr Marzuki stopped riding his mount to correct the outward movement but conceded he was not the required distance clear of Mrs Thornton. He said it was unfortunate that Mrs Thornton’s inward movement happened quickly and acknowledged that Mr Colgan’s mount received a sharp check.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marzuki admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Marzuki’s record which showed no previous breach under this Rule from 18 rides in the country. He advised that Mr Marzuki had 31 rides in Singapore for 3 wins. He described the carelessness as being mid – range and the resultant interference towards the high end. He agreed that Mr Marzuki had made some attempt to correct his mount. Mr Williamson submitted a suspension was an appropriate penalty in line with the mid-range carelessness.
Mr Harris said he had spoken to Mr Marsh who employees Mr Marzuki and he had requested a 7 day deferment so Mr Marzuki could fulfil his engagements at Te Rapa on 10 December. Mr Harris asked the Committee to take into account Mr Marzuki’s admission of the breach and his clear record.
Mr Marzuki confirmed that he had only ridden in the Auckland / Waikato region.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point in the North Island for careless riding is a 5 day suspension. This is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr Marzuki’s admission of the breach and his good record from just 18 rides to date for which he was given a discount.
However, this has to be balanced against the aggravating factors. We reviewed the video footage of the incident and deemed the level of carelessness was mid – range. We identified that Mr Marzuki did take some corrective action but it was too late. The incident was accentuated by the sharp check that TERRIFIQUE received as a result of Mrs Thornton having to shift in quickly to avoid the heels of Mr Marzuki’s mount. We assess the consequences as being in the mid – to high range.
The Committee had regard to the fact that Mr Marzuki is an inexperienced Apprentice rider.
The Committee explained to Mr Marzuki how the calculation of days is applied.
After taking into account all the above factors the Committee considers an appropriate suspension to be 4 days.
penalty:
We grant Mr Marzuki’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Marzuki had his license to ride in races suspended for a period to commence after racing on 10 December and conclude after racing on 21 December 2016 (4 days).
That period of suspension encompasses meetings at
11 December Ellerslie
14 December Matamata
17 December Te Rapa
21 December Tauranga
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr H Marzuki - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e98df0b40a1c7c7828f01549ee2d0c65
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 68029d4c040f89769f92b451cd71b5d0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/12/2016
meet_title: Auckland RC - 3 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Auckland RC