Canterbury R 7 November 2020 – R 11 – Chair, Mr S Ching
ID: JCA16520
Code:
Thoroughbred
Meet Title:
Canterbury JC - 7 November 2020
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/11/07
Race Number:
R11
Decision:
As Mr Asano had admitted the breach, the charge was found proved.
Penalty:
Mr Asano’s Class B Jockey licence is suspended from the conclusion of racing 14 November up to and including 26 November 2020.
Facts:
Following the running of Race 11, the Blue Stars Taxis Premier, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Rider, Mr K Asano, alleging careless riding in that he permitted his mount TOO FERLAXED to shift outwards near the 400m, checking CLOONEY.
Rule 638(1)(d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Asano had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. He also acknowledged that he understood the charge and the Rule it was brought under.
Mr Asano was assisted at the hearing by NZTR Apprentice mentor, Mr D Walsh.
Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 400m, TOO FERLAXED, ridden by Mr Asano, was racing wide on the track with CLOONEY, ridden by Mr R Cuneen, to the outside of that horse. Mr Davidson pointed out Mr Asano, when looking for clear running, shift out and into the rightful running line of CLOONEY, who was improving on the outside of TOO FERLAXED and as a result CLOONEY had to check. Mr Davidson estimated that Mr Asano was only approximately ¾ of a length ahead of Mr Cuneen, when shifting out.
Mr Walsh stated that it was obvious that Mr Asano has come out when not clear. He said that just prior to the movement Mr Asano was dictated out by REMARX and several other runners all looking to improve, which sent Mr Asano on an outward movement and contributed to the incident.
Mr Asano stated that he did not see Mr Cuneen on his outside and had made a misjudgement.
Submissions for Penalty:
Mr Oatham stated that Mr Asano’s record showed 5 breaches of this Rule over the prior 12 months being: -
28 December 2019 - Timaru, 7 days
23 January 2020 - Dunedin, 7 days
23 January 2020 - Dunedin, 8 days
1 August 2020 - Riccarton,3 days
17 October 2020 - Ellerslie, 5 days
He stated that the carelessness was just above low range and submitted that a suspension at the low end of the range be considered as penalty.
Mr Walsh stated that Mr Oatham’s submissions were fair.
Mr Asano requested a deferment of penalty until after 14 November at Riccarton.
Reasons for Penalty:
This Committee assessed this breach as low to mid-range and accordingly adopted a 7 national day suspension.
We determined that the aggravating factor to consider was the record of Mr Asano with 5 penalties over the previous 12 months. We noted that three of these breaches were 10 and 11 months prior and that the two latest were post Covid.
We determined that an uplift was warranted which we set at 1 day. The mitigating factor is Mr Asano’s ready admission of the breach which warranted a discount. This discount we set at 1 day. We therefore determined that a 7 National Day suspension was an appropriate penalty in this case.
Mr Asano’s request for a deferment until after racing on 14 November is granted.
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: beb76477fb2b8713ea261f3b0388ec92
informantnumber: A12841
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 09/11/2020
hearing_title: Canterbury R 7 November 2020 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the Blue Stars Taxis Premier, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Rider, Mr K Asano, alleging careless riding in that he permitted his mount TOO FERLAXED to shift outwards near the 400m, checking CLOONEY.
Rule 638(1)(d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Asano had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. He also acknowledged that he understood the charge and the Rule it was brought under.
Mr Asano was assisted at the hearing by NZTR Apprentice mentor, Mr D Walsh.
Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 400m, TOO FERLAXED, ridden by Mr Asano, was racing wide on the track with CLOONEY, ridden by Mr R Cuneen, to the outside of that horse. Mr Davidson pointed out Mr Asano, when looking for clear running, shift out and into the rightful running line of CLOONEY, who was improving on the outside of TOO FERLAXED and as a result CLOONEY had to check. Mr Davidson estimated that Mr Asano was only approximately ¾ of a length ahead of Mr Cuneen, when shifting out.
Mr Walsh stated that it was obvious that Mr Asano has come out when not clear. He said that just prior to the movement Mr Asano was dictated out by REMARX and several other runners all looking to improve, which sent Mr Asano on an outward movement and contributed to the incident.
Mr Asano stated that he did not see Mr Cuneen on his outside and had made a misjudgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Asano had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Oatham stated that Mr Asano’s record showed 5 breaches of this Rule over the prior 12 months being: -
28 December 2019 - Timaru, 7 days
23 January 2020 - Dunedin, 7 days
23 January 2020 - Dunedin, 8 days
1 August 2020 - Riccarton,3 days
17 October 2020 - Ellerslie, 5 days
He stated that the carelessness was just above low range and submitted that a suspension at the low end of the range be considered as penalty.
Mr Walsh stated that Mr Oatham’s submissions were fair.
Mr Asano requested a deferment of penalty until after 14 November at Riccarton.
reasonsforpenalty:
This Committee assessed this breach as low to mid-range and accordingly adopted a 7 national day suspension.
We determined that the aggravating factor to consider was the record of Mr Asano with 5 penalties over the previous 12 months. We noted that three of these breaches were 10 and 11 months prior and that the two latest were post Covid.
We determined that an uplift was warranted which we set at 1 day. The mitigating factor is Mr Asano’s ready admission of the breach which warranted a discount. This discount we set at 1 day. We therefore determined that a 7 National Day suspension was an appropriate penalty in this case.
Mr Asano’s request for a deferment until after racing on 14 November is granted.
penalty:
Mr Asano’s Class B Jockey licence is suspended from the conclusion of racing 14 November up to and including 26 November 2020.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr K Asano - Class B Jockey
Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Mr Asano, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a7b718bd3d557fe52f9808273ef7ad02
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bb5c582cc2b29d976e5767d15b7eaa25
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/11/2020
meet_title: Canterbury JC - 7 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury JC