Marton JC 16 September 2017 – R 5 – Chair, Mr T Utikere
ID: JCA11392
Code:
Thoroughbred
Meet Title:
Marton JC - 16 September 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2017/09/16
Race Number:
R5
Decision:
As the charge was admitted, the committee deem the charge proved.
Penalty:
Mr Tanaka’s licence to ride in races is suspended from the conclusion of racing on Saturday, 16th September until the conclusion of racing on Thursday 5th October 2017. This is a total of seven (7) days. This incorporates the Waikato (20th), Wanganui (21st), Taupo (22nd), Hawke’s Bay (23rd), Otaki (28th), Taranaki (28th) and Waverley (5th) Meetings.
Facts:
Following Race 5 (NU FARM/FPA NZ HANDICAP 1400m), Jockey M Tanaka was charged with careless riding under Rule 638(1)(d). The information stated ”That jockey M Tanaka allowed his mount to shift ground when not sufficiently clear of RAYAS which was dictated out onto CLASS ABOVE which was checked and SUSSED. Also inconvenienced in the incident were FRANCESCANA, DURHAM and OUR CHARLI’S ANGEL.”.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
Mr Tanaka indicated to the committee that he understood Rule 638(1)(d), and that he admitted the breach.
Using the side-on and head-on films, Mr Goodwin identified that THE RIPPA (M Tanaka) was travelling into the home straight. Located to his outside was CLASS ABOVE (C Johnson), and improving to it’s outside was SUSSED (T Allan). Mr Tanaka had looked across as RAYAS (M Coleman) had improved to Mr Tanaka’s outside. Mr Tanaka then angled his mount out sharply into the line of Mr Johnson, which had carried out into the line of Mr Allan, which had been bumped sideways as a result. Showing the rear-view film, Mr Goodwin observed Mr Tanaka to angle his mount out, causing tightening to Mr Coleman and a check to CLASS ABOVE and SUSSED. He estimated that Mr Tanaka was ¾ length clear and had moved approximately three horse widths across. Mr Goodwin advised that he had interviewed Miss Cowan (DURHAM) and Mr Coleman (RAYAS), and that while the initial interference may have appeared to have come from Mr Tanaka, that was not the case. Miss Cowan had advised the Stewards that she was of the opinion that her horse had shifted away from RAYAS, and while she may have brushed with that horse, DURHAM had continued to shift out on its own. Mr Coleman had advised the Stewards in the resultant tightening, it was “More than likely” that his horse had not made contact with DURHAM, and that if it had, it did not have any further effect. As a result, Mr Goodwin believed that DURHAM had shifted out without getting a bump from RAYAS and that Mr Tanaka was not solely responsible for the hampering that FRANCESCANA, DURHAM and CHARLI’S ANGEL had suffered. In light of this, he sought leave to have the Information amended. Leave was granted for this to occur, so that the Information was amended to now read: ”That jockey M Tanaka allowed his mount to shift ground when not sufficiently clear of RAYAS which was dictated out onto CLASS ABOVE which was checked and SUSSED".
Mr Tanaka admitted that he had shifted across when not the required distance clear and also identified that he had a visibility issue at the 600 metres. Whilst he was wearing double goggles, he had got some dirt in the corner of his goggles and had tried to wipe it out. He had not been confident to take a gap that had presented, due to his limited visibility. He had looked, and saw Mr Johnson, but had not seen Mr Coleman; whom he had heard yelling but by that stage it was too late.
Submissions for Penalty:
In presenting Mr Tanaka’s record, Mr Goodwin identified that Mr Tanaka had three suspensions within the last 12 months; on 13 May at Taranaki, four days; 4 March at Auckland, five days; 17 September at Hawke’s Bay, five days. He said that this was not an excessive record for someone who gets a lot of rides. The Stewards believed the level of carelessness fell above the mid-range on this occasion and that a period of suspension would be appropriate.
Mr Neill advised the Judicial Committee that Mr Tanaka had no committed engagements in the near future and that a period of suspension could commence immediately. He said that Mr Tanaka had previously ridden in the South Island, but not within the previous three months. He also submitted that he should be considered as a Central Districts and Waikato rider as he had ridden in the Waikato for Toby Autridge and Janelle MIllar recently. The committee sought clarity from the Stipendiary Stewards around their position on this, and Mr Goodwin stated they accepted that was the case and did not object to having Waikato meetings included in a period of suspension.
Reasons for Penalty:
The committee had regard to all of the submissions put before it. We proceed on the basis of the amended Information and believed that a period of suspension was an appropriate penalty to impose and noted the JCA Penalty Guidelines starting point of five days. We determined that the level of carelessness sat at the mid to high range and adjusted the starting point up to one of a nine days suspension. Had we proceeded on the basis of the original unamended Information this adjustment would have been much higher. Mr Tanaka angled his mount out sharply and abruptly seeking a run, when he did not need to. If he was experiencing limited visibility issues, we would expect him to be more cautious in such a situation. He forced a run to run third and his actions affected three other runners. On review of the films, we were able to observe that there were no other contributing factors that led to Mr Tanaka’s sharp outwards movement of three horse widths. He made no attempt to immediately straightened, and when he did take some action, the damage had already been done. We identified no further aggravating factors to warrant an additional uplift in penalty. In mitigation we applied his early admission of the breach and his previous record. This was Mr Tanaka’s third breach as while the Hawke’s Bay meeting was within a 12 month calendar period, in fact that meeting was the Saturday Meeting exactly one year ago. For these mitigating factors we afford him a discount of two days. The end result is a seven day period of suspension that, subject to no opposition from the Stipendiary Stewards, will also include upcoming Waikato Meetings.
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: 1a8a6efed9b4edf6a3fcc7d0c53962db
informantnumber: A8786
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 17/09/2017
hearing_title: Marton JC 16 September 2017 - R 5 - Chair, Mr T Utikere
charge:
facts:
Following Race 5 (NU FARM/FPA NZ HANDICAP 1400m), Jockey M Tanaka was charged with careless riding under Rule 638(1)(d). The information stated ”That jockey M Tanaka allowed his mount to shift ground when not sufficiently clear of RAYAS which was dictated out onto CLASS ABOVE which was checked and SUSSED. Also inconvenienced in the incident were FRANCESCANA, DURHAM and OUR CHARLI’S ANGEL.”.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
Mr Tanaka indicated to the committee that he understood Rule 638(1)(d), and that he admitted the breach.
Using the side-on and head-on films, Mr Goodwin identified that THE RIPPA (M Tanaka) was travelling into the home straight. Located to his outside was CLASS ABOVE (C Johnson), and improving to it’s outside was SUSSED (T Allan). Mr Tanaka had looked across as RAYAS (M Coleman) had improved to Mr Tanaka’s outside. Mr Tanaka then angled his mount out sharply into the line of Mr Johnson, which had carried out into the line of Mr Allan, which had been bumped sideways as a result. Showing the rear-view film, Mr Goodwin observed Mr Tanaka to angle his mount out, causing tightening to Mr Coleman and a check to CLASS ABOVE and SUSSED. He estimated that Mr Tanaka was ¾ length clear and had moved approximately three horse widths across. Mr Goodwin advised that he had interviewed Miss Cowan (DURHAM) and Mr Coleman (RAYAS), and that while the initial interference may have appeared to have come from Mr Tanaka, that was not the case. Miss Cowan had advised the Stewards that she was of the opinion that her horse had shifted away from RAYAS, and while she may have brushed with that horse, DURHAM had continued to shift out on its own. Mr Coleman had advised the Stewards in the resultant tightening, it was “More than likely” that his horse had not made contact with DURHAM, and that if it had, it did not have any further effect. As a result, Mr Goodwin believed that DURHAM had shifted out without getting a bump from RAYAS and that Mr Tanaka was not solely responsible for the hampering that FRANCESCANA, DURHAM and CHARLI’S ANGEL had suffered. In light of this, he sought leave to have the Information amended. Leave was granted for this to occur, so that the Information was amended to now read: ”That jockey M Tanaka allowed his mount to shift ground when not sufficiently clear of RAYAS which was dictated out onto CLASS ABOVE which was checked and SUSSED".
Mr Tanaka admitted that he had shifted across when not the required distance clear and also identified that he had a visibility issue at the 600 metres. Whilst he was wearing double goggles, he had got some dirt in the corner of his goggles and had tried to wipe it out. He had not been confident to take a gap that had presented, due to his limited visibility. He had looked, and saw Mr Johnson, but had not seen Mr Coleman; whom he had heard yelling but by that stage it was too late.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deem the charge proved.
sumissionsforpenalty:
In presenting Mr Tanaka’s record, Mr Goodwin identified that Mr Tanaka had three suspensions within the last 12 months; on 13 May at Taranaki, four days; 4 March at Auckland, five days; 17 September at Hawke’s Bay, five days. He said that this was not an excessive record for someone who gets a lot of rides. The Stewards believed the level of carelessness fell above the mid-range on this occasion and that a period of suspension would be appropriate.
Mr Neill advised the Judicial Committee that Mr Tanaka had no committed engagements in the near future and that a period of suspension could commence immediately. He said that Mr Tanaka had previously ridden in the South Island, but not within the previous three months. He also submitted that he should be considered as a Central Districts and Waikato rider as he had ridden in the Waikato for Toby Autridge and Janelle MIllar recently. The committee sought clarity from the Stipendiary Stewards around their position on this, and Mr Goodwin stated they accepted that was the case and did not object to having Waikato meetings included in a period of suspension.
reasonsforpenalty:
The committee had regard to all of the submissions put before it. We proceed on the basis of the amended Information and believed that a period of suspension was an appropriate penalty to impose and noted the JCA Penalty Guidelines starting point of five days. We determined that the level of carelessness sat at the mid to high range and adjusted the starting point up to one of a nine days suspension. Had we proceeded on the basis of the original unamended Information this adjustment would have been much higher. Mr Tanaka angled his mount out sharply and abruptly seeking a run, when he did not need to. If he was experiencing limited visibility issues, we would expect him to be more cautious in such a situation. He forced a run to run third and his actions affected three other runners. On review of the films, we were able to observe that there were no other contributing factors that led to Mr Tanaka’s sharp outwards movement of three horse widths. He made no attempt to immediately straightened, and when he did take some action, the damage had already been done. We identified no further aggravating factors to warrant an additional uplift in penalty. In mitigation we applied his early admission of the breach and his previous record. This was Mr Tanaka’s third breach as while the Hawke’s Bay meeting was within a 12 month calendar period, in fact that meeting was the Saturday Meeting exactly one year ago. For these mitigating factors we afford him a discount of two days. The end result is a seven day period of suspension that, subject to no opposition from the Stipendiary Stewards, will also include upcoming Waikato Meetings.
penalty:
Mr Tanaka’s licence to ride in races is suspended from the conclusion of racing on Saturday, 16th September until the conclusion of racing on Thursday 5th October 2017. This is a total of seven (7) days. This incorporates the Waikato (20th), Wanganui (21st), Taupo (22nd), Hawke’s Bay (23rd), Otaki (28th), Taranaki (28th) and Waverley (5th) Meetings.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr N Goodwin - Sitpendiary Steward
JockeysandTrainer: Mr M Tanaka - Licensed Jockey
Otherperson: Mr A Neill - Agent for Mr Tanaka
PersonPresent:
Respondent:
StipendSteward:
raceid: 9eb535d2eaeee898de22cd070db1a961
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9730a871a06d24607985e9bf8c1955d2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2017
meet_title: Marton JC - 16 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marton-jc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Marton JC