Archive Decision

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Hawke’s Bay RI 1 January 2018 – R 7 – Chair, Mrs N Moffatt

ID: JCA11417

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Mr H Marzuki - Apprentice Rider

Other Person:
Mr D Bradley - Senior Rider assisting Mr Marzuki, Mr N Goodwin - Stipendiary Steward

Information Number:
A8808

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 1 January 2018

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2018/01/01

Race Number:
R 7

Decision:

As Mr Marzuki admitted the breach we found the charge proved.

Penalty:

Mr Marzuki’s license is suspended from the close of racing on Saturday January 6th up to and including racing on Saturday January 20th.

Facts:

Following the running of Race 7 (JIMMY RURAL 1400), an Information was lodged by Mr D Balcombe alleging a breach of Rule 638(1)(d) in that Apprentice H Marzuki angled his mount out on entering the home straight when not clear of PINCANTO and WANDERING EYE.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Marzuki confirmed to the Committee that he understood the charge and that he admitted the breach.

Mr Goodwin explained the incident using all available videos. Prior to the incident Mr Marzuki was racing in a position behind other runners with no room to improve. His horse was racing in a tractable manner. He began to urge his mount forward and angled outwards for a run when there was no room for him to do so. As a result of his actions he caused interference to the two runners on his outside. WANDERING EYES recovered to run second in the race.

Neither Mr Marzuki nor Mr Bradley had any further comment to make on the films.

Submissions for Penalty:

Mr Balcombe produced Mr Marzuki’s careless riding record over the last 12 months:

18/2/17 Auckland - 6 days
5/6/17 Counties - 5 days
24/9/17 Counties - 7 days
8/11/17 Waipa - 8 days
6/12/17 Counties - 8 days

He described his record as “not great” and placed the degree of carelessness above midrange. While neither runner was checked there was very heavy contact with PINCANTO and slightly lesser contact with WANDERING EYES.

The Stewards’ submission was for a period of suspension.

Mr Marzuki admitted to having a poor record and said Mr Marsh (his employer) has been trying to help him by going through all his raceday videos with him. He said he hadn’t seen Mr Harris since the last apprentice school session and Mr Harris was currently on holiday.

Mr Bradley said he had spoken to Mr Harris recently and he told him he is doing his best to help Mr Marzuki with his riding. Mr Bradley said today’s incident was quite severe.

Mr Marzuki advised of riding commitments through until Saturday 6th January.

Reasons for Penalty:

The Committee assessed the degree of carelessness to be in the upper mid-range. On rounding the bend for home Mr Marzuki angled out and forced a run to his outside where there simply wasn’t a run available. He erred by not displaying more patience and waiting for a run in front of him.

We adopted a starting point of 9 days suspension.

Mr Marzuki has an unenviable record and his careless riding charges are of concern, particularly with regards to the safety of other horses and riders. We did not believe there was any other option but to impose another lengthy term of suspension.

Mr Bradley advised that he had spoken to Mr Marzuki about the manner in which he pushed out today and told him it was not acceptable to do what he did. We are grateful to Mr Bradley for his mentoring and hope that other senior riders will also assist Mr Marzuki with advice on racedays.
Balancing up all factors it was our opinion that a 10 day suspension was an appropriate penalty.

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: 1b098dd90b4080936172bc5382e38fc0


informantnumber: A8808


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 03/01/2018


hearing_title: Hawke's Bay RI 1 January 2018 - R 7 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 7 (JIMMY RURAL 1400), an Information was lodged by Mr D Balcombe alleging a breach of Rule 638(1)(d) in that Apprentice H Marzuki angled his mount out on entering the home straight when not clear of PINCANTO and WANDERING EYE.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Marzuki confirmed to the Committee that he understood the charge and that he admitted the breach.

Mr Goodwin explained the incident using all available videos. Prior to the incident Mr Marzuki was racing in a position behind other runners with no room to improve. His horse was racing in a tractable manner. He began to urge his mount forward and angled outwards for a run when there was no room for him to do so. As a result of his actions he caused interference to the two runners on his outside. WANDERING EYES recovered to run second in the race.

Neither Mr Marzuki nor Mr Bradley had any further comment to make on the films.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Marzuki admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Balcombe produced Mr Marzuki’s careless riding record over the last 12 months:

18/2/17 Auckland - 6 days
5/6/17 Counties - 5 days
24/9/17 Counties - 7 days
8/11/17 Waipa - 8 days
6/12/17 Counties - 8 days

He described his record as “not great” and placed the degree of carelessness above midrange. While neither runner was checked there was very heavy contact with PINCANTO and slightly lesser contact with WANDERING EYES.

The Stewards’ submission was for a period of suspension.

Mr Marzuki admitted to having a poor record and said Mr Marsh (his employer) has been trying to help him by going through all his raceday videos with him. He said he hadn’t seen Mr Harris since the last apprentice school session and Mr Harris was currently on holiday.

Mr Bradley said he had spoken to Mr Harris recently and he told him he is doing his best to help Mr Marzuki with his riding. Mr Bradley said today’s incident was quite severe.

Mr Marzuki advised of riding commitments through until Saturday 6th January.


reasonsforpenalty:

The Committee assessed the degree of carelessness to be in the upper mid-range. On rounding the bend for home Mr Marzuki angled out and forced a run to his outside where there simply wasn’t a run available. He erred by not displaying more patience and waiting for a run in front of him.

We adopted a starting point of 9 days suspension.

Mr Marzuki has an unenviable record and his careless riding charges are of concern, particularly with regards to the safety of other horses and riders. We did not believe there was any other option but to impose another lengthy term of suspension.

Mr Bradley advised that he had spoken to Mr Marzuki about the manner in which he pushed out today and told him it was not acceptable to do what he did. We are grateful to Mr Bradley for his mentoring and hope that other senior riders will also assist Mr Marzuki with advice on racedays.
Balancing up all factors it was our opinion that a 10 day suspension was an appropriate penalty.


penalty:

Mr Marzuki’s license is suspended from the close of racing on Saturday January 6th up to and including racing on Saturday January 20th.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Mr H Marzuki - Apprentice Rider


Otherperson: Mr D Bradley - Senior Rider assisting Mr Marzuki, Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5e1e2aad2e1937569d61bacfafa4f2bc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7d6cce446e1716d5bd0000df019451da


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/01/2018


meet_title: Hawkes Bay RI - 1 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Hawkes Bay RI