Counties RC 5 May 2017 – R 7 – Chair, Mr A Dooley
ID: JCA12159
Code:
Thoroughbred
Meet Title:
Counties RC - 5 May 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/05/05
Race Number:
R7
Decision:
As Mr Marzuki admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Marzuki had his license to ride in races suspended for a period to commence after racing on 5 May and conclude after racing on 24 May 2017 (5 days).
That period of suspension encompasses meetings at
12 May – Te Awamutu
13 May – Rotorua
17 May – Whangarei
20 May – Te Rapa
24 May - Pukekohe
Facts:
Following the running of race 7, Happy Birthday 65th Malcolm Wrigley, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that near the 1000 metres Mr Marzuki allowed his mount to shift in when not sufficiently clear of BRILLEAUX which was checked and shifted in onto DRAGON DANCER which was also checked.
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 Williamson demonstrated the incident using the available video footage. He identified Mr Marzuki and showed that 100 metres after the start he was racing in a 5 wide position with BRILLEAUX in a 4 wide position and DRAGON DANCER racing adjacent to the rail. He said that Mr Marzuki allowed his mount to shift in when only 1 length clear which resulted in the rider of BRILLEAUX having to take a hold of her mount due to being dictated inwards. He identified that DRAGON DANCER was racing ½ length behind that runner when checked and he noted that horse was racing fiercely. He stated the 2 runners that were checked lost significant ground.
Mr Marzuki said that Ms Johnson was racing outside his mount and she had called out to him to go forward. He advised that he thought he was 1½ lengths clear when shifting in.
Mr Harris confirmed that he had spoken to Ms Johnson and she had told Mr Marzuki to go forward. However, Mr Harris acknowledged that Mr Marzuki was not the required distance clear when allowing his mount to shift in. He said the incident was made to look worse due to the racing manners of DRAGON DANCER.
Submissions for Penalty:
Mr Coles produced Mr Marzuki’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being 18/2/2017 which incurred a 6 day suspension. He said it was a fair record and stated that regardless what other riders say Mr Marzuki must be at least his own length and one other length clear before crossing another horse. He said Mr Marzuki made an error of judgement which meant 2 horses received quite severe checks. He submitted the level of carelessness was low to mid-range and a suspension would be an appropriate penalty.
Mr Marzuki was granted an adjournment to contact his employer Mr Marsh.
Mr Marzuki advised that he had no upcoming engagements and any proposed suspension could start immediately.
In response to a question from the Committee, Mr Marzuki said that he has no history of riding in the Central Districts on Industry days.
Mr Harris said that Mr Marzuki has a good future in the industry.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension. This is adjusted based on the mitigating and aggravating factors.
The only mitigating factor was Mr Marzuki’s admission of the breach for which he was given credit.
We deemed Mr Marzuki’s record to be only average given that he has had only 47 rides to date in New Zealand.
When reviewing the incident the Committee established that Mr Marzuki allowed his mount to shift in a total of 4 horse widths when never the required distance clear. This resulted in BRILLEAUX and DRAGON DANCER’S riders having to steady their mounts for some distance. As a consequence BRILLEAUX skied its head and dropped back into the running line of DRAGON DANCER who in turn skied its head badly when being restrained off heels. The films showed that when Mr Marzuki looked to his inside he was only ¾ of a length clear of BRILLEAUX yet he continued to shift inwards. In our opinion the level of carelessness was in the mid–range and an aggravating fact.
Mr Marzuki has no history of riding in the Central Districts on Industry days, accordingly those dates were not included in the penalty.
After taking into account all the above factors the Committee considered an appropriate suspension was 5 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: 398c67bae249d18e5d6966484cc0f994
informantnumber: A8870
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2017
hearing_title: Counties RC 5 May 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Happy Birthday 65th Malcolm Wrigley, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that near the 1000 metres Mr Marzuki allowed his mount to shift in when not sufficiently clear of BRILLEAUX which was checked and shifted in onto DRAGON DANCER which was also checked.
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 Williamson demonstrated the incident using the available video footage. He identified Mr Marzuki and showed that 100 metres after the start he was racing in a 5 wide position with BRILLEAUX in a 4 wide position and DRAGON DANCER racing adjacent to the rail. He said that Mr Marzuki allowed his mount to shift in when only 1 length clear which resulted in the rider of BRILLEAUX having to take a hold of her mount due to being dictated inwards. He identified that DRAGON DANCER was racing ½ length behind that runner when checked and he noted that horse was racing fiercely. He stated the 2 runners that were checked lost significant ground.
Mr Marzuki said that Ms Johnson was racing outside his mount and she had called out to him to go forward. He advised that he thought he was 1½ lengths clear when shifting in.
Mr Harris confirmed that he had spoken to Ms Johnson and she had told Mr Marzuki to go forward. However, Mr Harris acknowledged that Mr Marzuki was not the required distance clear when allowing his mount to shift in. He said the incident was made to look worse due to the racing manners of DRAGON DANCER.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marzuki admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Marzuki’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being 18/2/2017 which incurred a 6 day suspension. He said it was a fair record and stated that regardless what other riders say Mr Marzuki must be at least his own length and one other length clear before crossing another horse. He said Mr Marzuki made an error of judgement which meant 2 horses received quite severe checks. He submitted the level of carelessness was low to mid-range and a suspension would be an appropriate penalty.
Mr Marzuki was granted an adjournment to contact his employer Mr Marsh.
Mr Marzuki advised that he had no upcoming engagements and any proposed suspension could start immediately.
In response to a question from the Committee, Mr Marzuki said that he has no history of riding in the Central Districts on Industry days.
Mr Harris said that Mr Marzuki has a good future in the industry.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension. This is adjusted based on the mitigating and aggravating factors.
The only mitigating factor was Mr Marzuki’s admission of the breach for which he was given credit.
We deemed Mr Marzuki’s record to be only average given that he has had only 47 rides to date in New Zealand.
When reviewing the incident the Committee established that Mr Marzuki allowed his mount to shift in a total of 4 horse widths when never the required distance clear. This resulted in BRILLEAUX and DRAGON DANCER’S riders having to steady their mounts for some distance. As a consequence BRILLEAUX skied its head and dropped back into the running line of DRAGON DANCER who in turn skied its head badly when being restrained off heels. The films showed that when Mr Marzuki looked to his inside he was only ¾ of a length clear of BRILLEAUX yet he continued to shift inwards. In our opinion the level of carelessness was in the mid–range and an aggravating fact.
Mr Marzuki has no history of riding in the Central Districts on Industry days, accordingly those dates were not included in the penalty.
After taking into account all the above factors the Committee considered an appropriate suspension was 5 days.
penalty:
Accordingly, Mr Marzuki had his license to ride in races suspended for a period to commence after racing on 5 May and conclude after racing on 24 May 2017 (5 days).
That period of suspension encompasses meetings at
12 May – Te Awamutu
13 May – Rotorua
17 May – Whangarei
20 May – Te Rapa
24 May - Pukekohe
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr H Marzuki - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: af5ead1c3d155ed120417ddd5db95f6c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9c28b6eb14ab18904e427f208bacf4cd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2017
meet_title: Counties RC - 5 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Counties RC