Archive Decision

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Gore RC 30 September 2013 – R 8

ID: JCA14679

Applicant:
Mr M Zarb - Stipendiary Steward

Respondent(s):
Mr M Haruki - Apprentice Jockey and Rider of ARISTA, Mr M Tapper - Trainer of ARISTA, Mr W Harnett - Apprentice Mentor

Information Number:
A4946

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Gore RC - 30 September 2013

Meet Chair:
GHall

Race Date:
2013/09/30

Race Number:
R 8

Decision:

Mr Haruki admitted the breach of r 638(1)(d), which is thus found proved.

Penalty:

Mr Haruki’s licence to ride is suspended from 1 October until 11 October inclusive. This is 2 South Island days.

Charge:

Careless riding.

Facts:

Mr Zarb, stipendiary steward, alleged that Mr Haruki, (ARISTA) rode carelessly in race 8 in that he “directed his mount outwards near the 250 metres severely crowding GUNNA FLY (T Direen) and hampering LANGHAM LADY (C Barnes) which was steadied and shifted outwards.”

Submissions for Decision:

Mr Zarb demonstrated on the head-on and side-on videos that approaching the 250 metres, and on the point of the bend, ARISTA (M Haruki), when racing at the rear of the field, shifted ground outwards abruptly and, in so doing, severely crowded GUNNA FLY (Ms Direen) and hampered LANGHAM LADY (Ms Barnes), which was obliged to steady and shift ground outwards. Ms Direen was placed in an awkward situation and was tightened for room. Mr Zarb pointed out that ARISTA’s headed was turned outwards at the time the horse commences its outwards move and that while the respondent relieved the pressure on Ms Direen, this was after the incident had occurred.

Mr Haruki stated that he thought Ms Barnes and Ms Direen were going to shift wider on the track and that was why he had come out. He accepted he had done so too soon.

Mr Tapper said the respondent had moved out too sharply. Mr Harnett concurred with this and emphasised that it had happened on the point of the bend and the respondent was riding on the track for the first time.

Reasons for Decision:

It was clear from the videos that ARISTA had difficulty obtaining clear running rounding the home turn and, as it transpired, in the majority of the home straight. In an endeavour to obtain a run the respondent has shifted out abruptly and in so doing, has tightened Ms Direen and forced her and Ms Barnes, who was racing on Ms Direen’s outer, wider on the track.

Submissions for Penalty:

Mr Zarb stated this was the respondent’s first day riding in New Zealand. Mr Haruki has ridden in NSW and from 75 rides he has had 5 winners. This was his 3rd ride on the day and he had won the 1st race. The respondent has had 2 warnings in Australia but has never been charged.

Mr Zarb said that while the degree of carelessness was towards the higher end of the scale the consequential effects of the carelessness were medium to low. He said he believed a suspension at the lower end was appropriate.

Mr Haruki and Mr Tapper both agreed that a short suspension was appropriate.

Reasons for Penalty:

I agree with the stipendiary steward that the circumstances of the breach are towards the higher end of the scale, but the consequential effects of the carelessness are, perhaps fortuitously, medium to low. Both Ms Direen and Ms Barnes were clearly inconvenienced and forced wider on the track. The point of the track where the incident occurred is a known “hot spot” and not only has the respondent not ridden at the track before but it is his first day riding in New Zealand.

Mr Haruki has admitted the breach at the first opportunity and is clearly remorseful. This is his first breach of any Rule and he is entitled to a significant discount. From a 5-day starting point I give a 2-day reduction for these factors and a further 1-day for the fact he is an apprentice and rides solely in the South Island.

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: 701cd0d04a5e4696b739f82bb3dd428a


informantnumber: A4946


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: Gore RC 30 September 2013 - R 8


charge:

Careless riding.


facts:

Mr Zarb, stipendiary steward, alleged that Mr Haruki, (ARISTA) rode carelessly in race 8 in that he “directed his mount outwards near the 250 metres severely crowding GUNNA FLY (T Direen) and hampering LANGHAM LADY (C Barnes) which was steadied and shifted outwards.”


appealdecision:


isappeal:


submissionsfordecision:

Mr Zarb demonstrated on the head-on and side-on videos that approaching the 250 metres, and on the point of the bend, ARISTA (M Haruki), when racing at the rear of the field, shifted ground outwards abruptly and, in so doing, severely crowded GUNNA FLY (Ms Direen) and hampered LANGHAM LADY (Ms Barnes), which was obliged to steady and shift ground outwards. Ms Direen was placed in an awkward situation and was tightened for room. Mr Zarb pointed out that ARISTA’s headed was turned outwards at the time the horse commences its outwards move and that while the respondent relieved the pressure on Ms Direen, this was after the incident had occurred.

Mr Haruki stated that he thought Ms Barnes and Ms Direen were going to shift wider on the track and that was why he had come out. He accepted he had done so too soon.

Mr Tapper said the respondent had moved out too sharply. Mr Harnett concurred with this and emphasised that it had happened on the point of the bend and the respondent was riding on the track for the first time.


reasonsfordecision:

It was clear from the videos that ARISTA had difficulty obtaining clear running rounding the home turn and, as it transpired, in the majority of the home straight. In an endeavour to obtain a run the respondent has shifted out abruptly and in so doing, has tightened Ms Direen and forced her and Ms Barnes, who was racing on Ms Direen’s outer, wider on the track.


Decision:

Mr Haruki admitted the breach of r 638(1)(d), which is thus found proved.


sumissionsforpenalty:

Mr Zarb stated this was the respondent’s first day riding in New Zealand. Mr Haruki has ridden in NSW and from 75 rides he has had 5 winners. This was his 3rd ride on the day and he had won the 1st race. The respondent has had 2 warnings in Australia but has never been charged.

Mr Zarb said that while the degree of carelessness was towards the higher end of the scale the consequential effects of the carelessness were medium to low. He said he believed a suspension at the lower end was appropriate.

Mr Haruki and Mr Tapper both agreed that a short suspension was appropriate.


reasonsforpenalty:

I agree with the stipendiary steward that the circumstances of the breach are towards the higher end of the scale, but the consequential effects of the carelessness are, perhaps fortuitously, medium to low. Both Ms Direen and Ms Barnes were clearly inconvenienced and forced wider on the track. The point of the track where the incident occurred is a known “hot spot” and not only has the respondent not ridden at the track before but it is his first day riding in New Zealand.

Mr Haruki has admitted the breach at the first opportunity and is clearly remorseful. This is his first breach of any Rule and he is entitled to a significant discount. From a 5-day starting point I give a 2-day reduction for these factors and a further 1-day for the fact he is an apprentice and rides solely in the South Island.


penalty:

Mr Haruki’s licence to ride is suspended from 1 October until 11 October inclusive. This is 2 South Island days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Zarb - Stipendiary Steward


JockeysandTrainer: Mr M Haruki - Apprentice Jockey and Rider of ARISTA, Mr M Tapper - Trainer of ARISTA, Mr W Harnett - Apprentice Mentor


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d6582c4acbdffa531cbef148f480d066


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


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meetdate: 30/09/2013


meet_title: Gore RC - 30 September 2013


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meet_racingtype: thoroughbred-racing


meet_chair: GHall


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name: Gore RC