Counties RC 24 September 2017 – R 5 – Chair, Mr A Dooley
ID: JCA15454
Code:
Thoroughbred
Meet Title:
Counties RC - 24 September 2017
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2017/09/24
Race Number:
R5
Decision:
As Mr Marzuki admitted the breach the Committee found the charge proved.
Penalty:
The Committee grant a deferment to Mr Marzuki’s 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 27 September and conclude after racing on 18 October 2017 (7 days).
That period of suspension encompasses meetings at
30 September – Ellerslie
4 October – Whangarei
6 October – Te Rapa
8 October – Te Awamutu
11 October – Taupo
14 October – Matamata
18 October – Te Aroha
1 October at Te Aroha was not included in Mr Marzuki’s suspension because the race meeting is scheduled for Jump/ Highweight and Amateur riders only.
Facts:
Following the running of Race 5, Lone Star Pukekohe 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Marzuki allowed his mount WOODEN EDGE to shift in when not clear of NO NEED which had to be steadied and checked losing ground near the 350 metres.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. Mr 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 Jones used the available video footage to demonstrate the incident. He identified the position of WOODEN EDGE and NO NEED just prior to the 400 metre mark. He said that shortly after that point Mr Marzuki improved to the inside of INNAMINCKA when there was a slight gap. He said Mr Marzuki was only a neck in front of NO NEED and Mr Marzuki continued to apply pressure onto Mrs Thornton’s mount for 30 to 40 metres. He said this forced Mrs Thornton to take a firm hold of her mount and ease back.
Mr Marzuki said that he just went for the gap and he accepted Mr Jones’ interpretation of the incident.
Mr Harris said that the position that Mrs Thornton was placed in would have been “scary” given the extent of tightening that occurred. He said that Mr Marzuki needs to be taught so he doesn’t ride in such a careless manner. He added that there was no intent on Mr Marzuki’s part.
Submissions for Penalty:
Mr Williamson produced Mr Marzuki’s record which showed 3 previous breaches under this Rule in the last 12 months.
3 December 2016 – 4 days
18 February 2017 – 6 days
5 May 2017 – 5 days
He said that Mr Jones clearly outlined the incident and reiterated that the interference carried on for 40 metres which necessitated Mrs Thornton to check out of a run. He said that Mr Marzuki was only a neck in advance of Mrs Thornton when he allowed his mount to shift in. He said the level of carelessness was in the mid to high range and would leave the penalty up to the Committee. In conclusion Mr Williamson said that the Stewards don’t like to see riders put in this type of situation.
Mr Williamson looked up Mr Marzuki’s riding history which showed that he has ridden in the Central Districts only twice this year. When asked by the Committee Mr Marzuki was unable to provide us with any evidence to the contrary.
Mr Marzuki advised that he had engagements at Avondale on 27 September and any propose suspension could start after that date.
Mr Harris said that Mr Marzuki was learning his trade as he has to learn how far to go when taking a calculated risk. But neither Mr Harris nor Mr Marzuki offered any substantial submissions for the Committee to consider in terms of any proposed penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Penalty Guide for Judicial Committees recommends that the starting point is a 5 day suspension which is adjusted based on mitigating and aggravating factors.
When reviewing the incident we observed that near the 400 metres Mr Marzuki forced a run to the inside of INNAMINCKA. At that point he was only a neck in front of NO NEED and Mr Marzuki then continued to lay in and place pressure on NO NEED for approximately 40 metres. This resulted in Mrs Thornton having to restrain and check her mount out of a tight position. It was obvious that the incident would have been even more serious had Mrs Thornton not taken a hold of her mount when Mr Marzuki shifted into her rightful running line. The Committee deemed the carelessness to be towards the high end. This is due, firstly, to the prolonged distance of inward pressure placed on Mrs Thornton’s mount; secondly it is coupled with the fact that no reasonable effort was made by Mr Marzuki to straighten his mount and relieve that pressure; and thirdly this put Mrs Thornton’s safety at considerable risk. Accordingly we deem these as significant aggravating factors that warranted a 3 day uplift in penalty.
The mitigating fact was Mr Marzuki’s admission of the breach, albeit inevitable given the compelling video evidence. For this we afforded Mr Marzuki a 1 day reduction.
The onus is on the rider who is shifting ground to be at least its own length and one other clear length in front of such other horse at the time of crossing. The Rule is designed to protect the safety of horse and rider which is paramount.
The Committee considered Mr Marzuki’s record under this Rule to be average even taking into account that he is a fairly inexperienced apprentice rider. We deemed Mr Marzuki’s record to be a neutral factor.
When considering penalty the Committee had regard for the race meetings included in Mr Marzuki’s suspension. The RIU records showed that Mr Marzuki has no recent history of riding in the Central Districts. Accordingly those dates were not included in the penalty.
After taking into account all the above factors the Committee considered an appropriate suspension was 7 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: 94fc6737171edaf2f62111823afc77de
informantnumber: A9475
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 25/09/2017
hearing_title: Counties RC 24 September 2017 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 5, Lone Star Pukekohe 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Marzuki allowed his mount WOODEN EDGE to shift in when not clear of NO NEED which had to be steadied and checked losing ground near the 350 metres.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. Mr 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 Jones used the available video footage to demonstrate the incident. He identified the position of WOODEN EDGE and NO NEED just prior to the 400 metre mark. He said that shortly after that point Mr Marzuki improved to the inside of INNAMINCKA when there was a slight gap. He said Mr Marzuki was only a neck in front of NO NEED and Mr Marzuki continued to apply pressure onto Mrs Thornton’s mount for 30 to 40 metres. He said this forced Mrs Thornton to take a firm hold of her mount and ease back.
Mr Marzuki said that he just went for the gap and he accepted Mr Jones’ interpretation of the incident.
Mr Harris said that the position that Mrs Thornton was placed in would have been “scary” given the extent of tightening that occurred. He said that Mr Marzuki needs to be taught so he doesn’t ride in such a careless manner. He added that there was no intent on Mr Marzuki’s part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marzuki admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Marzuki’s record which showed 3 previous breaches under this Rule in the last 12 months.
3 December 2016 – 4 days
18 February 2017 – 6 days
5 May 2017 – 5 days
He said that Mr Jones clearly outlined the incident and reiterated that the interference carried on for 40 metres which necessitated Mrs Thornton to check out of a run. He said that Mr Marzuki was only a neck in advance of Mrs Thornton when he allowed his mount to shift in. He said the level of carelessness was in the mid to high range and would leave the penalty up to the Committee. In conclusion Mr Williamson said that the Stewards don’t like to see riders put in this type of situation.
Mr Williamson looked up Mr Marzuki’s riding history which showed that he has ridden in the Central Districts only twice this year. When asked by the Committee Mr Marzuki was unable to provide us with any evidence to the contrary.
Mr Marzuki advised that he had engagements at Avondale on 27 September and any propose suspension could start after that date.
Mr Harris said that Mr Marzuki was learning his trade as he has to learn how far to go when taking a calculated risk. But neither Mr Harris nor Mr Marzuki offered any substantial submissions for the Committee to consider in terms of any proposed penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Penalty Guide for Judicial Committees recommends that the starting point is a 5 day suspension which is adjusted based on mitigating and aggravating factors.
When reviewing the incident we observed that near the 400 metres Mr Marzuki forced a run to the inside of INNAMINCKA. At that point he was only a neck in front of NO NEED and Mr Marzuki then continued to lay in and place pressure on NO NEED for approximately 40 metres. This resulted in Mrs Thornton having to restrain and check her mount out of a tight position. It was obvious that the incident would have been even more serious had Mrs Thornton not taken a hold of her mount when Mr Marzuki shifted into her rightful running line. The Committee deemed the carelessness to be towards the high end. This is due, firstly, to the prolonged distance of inward pressure placed on Mrs Thornton’s mount; secondly it is coupled with the fact that no reasonable effort was made by Mr Marzuki to straighten his mount and relieve that pressure; and thirdly this put Mrs Thornton’s safety at considerable risk. Accordingly we deem these as significant aggravating factors that warranted a 3 day uplift in penalty.
The mitigating fact was Mr Marzuki’s admission of the breach, albeit inevitable given the compelling video evidence. For this we afforded Mr Marzuki a 1 day reduction.
The onus is on the rider who is shifting ground to be at least its own length and one other clear length in front of such other horse at the time of crossing. The Rule is designed to protect the safety of horse and rider which is paramount.
The Committee considered Mr Marzuki’s record under this Rule to be average even taking into account that he is a fairly inexperienced apprentice rider. We deemed Mr Marzuki’s record to be a neutral factor.
When considering penalty the Committee had regard for the race meetings included in Mr Marzuki’s suspension. The RIU records showed that Mr Marzuki has no recent history of riding in the Central Districts. Accordingly those dates were not included in the penalty.
After taking into account all the above factors the Committee considered an appropriate suspension was 7 days.
penalty:
The Committee grant a deferment to Mr Marzuki’s 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 27 September and conclude after racing on 18 October 2017 (7 days).
That period of suspension encompasses meetings at
30 September – Ellerslie
4 October – Whangarei
6 October – Te Rapa
8 October – Te Awamutu
11 October – Taupo
14 October – Matamata
18 October – Te Aroha
1 October at Te Aroha was not included in Mr Marzuki’s suspension because the race meeting is scheduled for Jump/ Highweight and Amateur riders only.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr H Marzuki - Apprentice Rider of WOODEN EDGE
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Marzuki, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 30427744de675d4bbc369c7067ac22d9
race_expapproval:
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race_noreport: 0
race_emailed1: 0
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race_title: R5
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meetdate: 24/09/2017
meet_title: Counties RC - 24 September 2017
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meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Counties RC