R Tauranga 18 January 2019 – R 3 – Chair, Mr A Godsalve
ID: JCA17803
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 18 January 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2019/01/18
Race Number:
R3
Decision:
As Mr Yanagida has admitted the breach we find the charge proved.
Penalty:
We therefore suspend Mr Yanagida from riding in races from after the completion of racing at Avondale on 23 January until after the completion of racing at Wairoa on 21 February 2019, 4 weeks. We note that there are 18 National Racedays in this period, and that there are Iconic and Premier racedays included in this period of suspension.
Facts:
This charge followed the running of Race 3, the Willie Vermeulen At Crockfords Of Greerton Handicap.
Stipendiary Steward, Mr Coles presented an Information alleging that Apprentice Rider, T Yanagida riding ARTISTE 'directed his mount outwards near the 400 metres when there was insufficient room to do so, making heavy contact with BEAUMARCHAIS which was severely hampered and unbalanced for a distance'.
Mr Yanagida, assisted by Apprentice Rider Mentor, Mr Noel Harris, was present at the hearing. The rule was read aloud to Mr Yanagida, who confirmed that he understood that Rule and that he admitted the breach.
It should be noted here that the Committee sought clarification from Mr Coles as to the situation with Mr Yanagida's employer/s. Since the charge was of a relatively serious nature we wished to ensure that Mr Yanagida was afforded the assistance he was entitled to. Mr Coles informed the hearing that Mr Andrew Scott had been at the meeting but had since left the racecourse. Attempts had been made to contact Mr Lance O'Sullivan however these had been unsuccessful. The Committee considered it appropriate then to continue the hearing and that Mr Harris was fully qualified to assist Mr Yanagida.
Rule 638(1)(c) states 'A Rider shall not ride a horse in a manner which the Judicial Committee considers to be improper'.
Using the available films Mr Williamson identified the horses ARTISTE and BEAUMARCHAIS as the field neared the 600 metres mark. BEAUMARCHAIS, ridden by Mr Mathew Cameron, was in a position hard-up alongside the leader BATTLE ROYAL. ARTISTE ridden by Mr Yanagida was in a trailing position behind these horses. As the leading horses neared the 400 metres mark Mr Williamson pointed out that Mr Yanagida directed ARTISTE outwards and began to ride the horse forward. Mr Williamson showed on the films at that time that there had not been a run available to ARTISTE between BATTLE ROYAL and BEAUMARCHAIS. Mr Yanagida nevertheless continued to ride forward on ARTISTE and made contact with BEAUMARCHAIS. It was clear on the films that ARTISTE made solid contact with the hindquarters of BEAUMARCHAIS. Mr Yanagida persisted with riding ARTISTE forward even though there was still no run available to him and contact was made again which turned BEAUMARCHAIS sideways and resulted in that horse becoming unbalanced for some distance.
In reply to a question from the Committee Mr Williamson stated that contact between the horses had occurred on and off for approximately 100 metres. It was also apparent on the films to the Committee that Mr Yanagida had become quite unbalanced during this time and his position on the horse and his control of ARTISTE had become compromised. At about the 300 metres mark there was finally enough room available for ARTISTE to attempt to continue to run on, that horse eventually finishing in 3rd place. BEAUMARCHAIS, which had been quite severely disadvantaged during the interference eventually finished some distance away in 5th place. Stewards were unable to say to what degree BEAUMARCHAIS's chances in the race had been compromised.
Mr Williamson concluded by stating that Mr Yanagida had put himself in a poor position while making a manoeuvre that he ought to have known would put himself into danger. He added that Mr Cameron had expressed concern to the Stewards about the level of carelessness and intereference by Mr Yanagida during the incident,and had said that Mr Yanagida had put himself in a dangerous position.
Mr Yanagida said that he had been following BATTLE ROYAL and had tried too hard to make a space for his horse to improve into. He told the Committee that he felt that he was 'under pressure' as ARTISTE was one of the favourites and was trained by the Baker/Forsman stable. He added that at the New Plymouth meeting the day before he had ridden a horse for that stable which had not performed up to expectations and acknowledged that he had pushed the boundaries too far today in an attempt to compensate for that.
Mr Harris said that Mr Yanagida was placed under pressure by trainers who he rode for, and that it appeared that he had been told to show more 'aggression' by Mr O'Sullivan. He added that in an earlier race today Mr Yanagida had ridden a favourite for the O'Sullivan/Scott stable which had finished 3rd after he had 'gone wide' when he should have made an inside run and most probably would have won the race. Mr Harris said that Mr Yanagida had been having a fair bit of success recently however in this instance he had created an element of danger which could have resulted in injury to himself, other riders, and horses.
Submissions for Penalty:
Mr Coles advised the Committee that Mr Yanagida had a 'reasonably good' record. He said that he had in total ridden 28 winners from 245 rides. Mr Coles added that Mr Yanagida had incurred 2 careless riding suspensions in September 2018, however had not previously breached this Rule. He added that his relative inexperience showed when he had made a bad error of judgement today when forcing a run. Mr Coles added that the Stewards believed Mr Yanagida was under some pressure to perform when riding for top stables.
When asked for the Stewards assessment of the level of seriousness attached to this charge, Mr Coles said he believed it was at the 'high end of careless' in that Mr Yanagida had failed to show any regard for the riders around him when pursuing a run which had not been available to him. Mr Coles added that the Stewards submission on penalty was that it should be a suspension of Mr Yanagida's licence for not less than 12 days.
Mr Yanagida said he had discussed his position with his Manager and could begin a suspension after racing at Avondale on 23 January 2019.
Mr Harris said that he believed the Stewards had summed up the position well. He added that he believed Mr Yanagida would learn from the experience, and said that he had been surprised at Mr Yanagida's actions in the race which had made it unsafe for other riders. Mr Harris added that he considered Mr Yanagida had ridden the way he had as a result of pressure from other people in the industry. He said that he considered Mr Yanagida's riding generally had improved and that he had responded to the assistance offered by various people in the industry.
Reasons for Penalty:
The Committee took notice of the submissions of the parties and also viewed the films independantly. We were concerned that Mr Yanagida had attempted to improve ARTISTE into a position where there was not room to do so. Further, it was evident that Mr Yanagida had made a pre-determined effort to push between BEAUMARCHAIS and BATTLE ROYAL. BEAUMARCHAIS and its's rider Mr Cameron were placed in a situation which could have resulted in serious injury to either and it is again of concern to us that Mr Yanagida felt presssured to ride this way. The rider of BATTLE ROYAL (Mr R Jones) maintained his line alongside the running rail. Mr Cameron on BEAUMARCHAIS was not obliged to 'give way' to Mr Yanagida to allow him to gain any advantage over him. Safety of riders and horses is paramount in the industry: and it is incumbent on riders to take responsibility for their actions when riding in a race. That being said, it is of concern to the Committee that apprentices are being pressured to perform when their riding experience may not be at the level required to do so. The industry is competitive by it's very nature however safety issues must take precedence.
The Committee deem the incident to be at the high end of seriousness given that the interference to BEAUMARCHAIS was prolonged over a distance of 100 metres and resulted in contact between the horses a number of times. This placed both horses and riders at a high risk of injury.
We took note of Mr Yanagida's relative inexperience as a rider, although we are aware he has made much improvement in the past 12 months which has resulted in him being engaged to ride for high profile trainers.
We accept that Mr Yanagida has admitted the breach. Mr Harris is to be commended for his assistance to Mr Yanagida in this incident which has resulted in a somewhat rare and serious riding charge being preferred.
The JCA Penalty Guide provides a starting point of a 6 week suspension for a breach of this Rule. While the Stipendiary Stewards place the level of seriousness at the 'high end of carelessness', the fact is that Mr Yanagida has been charged with, and has admitted to, improper riding. A six week suspension of his licence would see Mr Yanagida missing the opportunity to ride at approximately 27 meetings throughout New Zealand. That is the starting point which the Committee adopted.
The JCA Penalty Guide was updated in 2017 and there has not been any other charges under this Rule since that time
We accept the mitigating factors involved here, ie Mr Yanagida's admission, his relative inexperience, and his riding record to date, and have accordingly allowed some concession from the starting point of a 6 week suspension of his licence. However given the aggravating factors outlined we have to impose a penalty which is meaningful and reflects the serious nature of the charge.
JCA Decision Fields (raw)
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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: ef1e6a629bb277e81ee3122a0bfb8455
informantnumber: A11260
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Improper Riding
plea: admitted
penaltyrequired: 1
decisiondate: 18/01/2019
hearing_title: R Tauranga 18 January 2019 - R 3 - Chair, Mr A Godsalve
charge:
facts:
This charge followed the running of Race 3, the Willie Vermeulen At Crockfords Of Greerton Handicap.
Stipendiary Steward, Mr Coles presented an Information alleging that Apprentice Rider, T Yanagida riding ARTISTE 'directed his mount outwards near the 400 metres when there was insufficient room to do so, making heavy contact with BEAUMARCHAIS which was severely hampered and unbalanced for a distance'.
Mr Yanagida, assisted by Apprentice Rider Mentor, Mr Noel Harris, was present at the hearing. The rule was read aloud to Mr Yanagida, who confirmed that he understood that Rule and that he admitted the breach.
It should be noted here that the Committee sought clarification from Mr Coles as to the situation with Mr Yanagida's employer/s. Since the charge was of a relatively serious nature we wished to ensure that Mr Yanagida was afforded the assistance he was entitled to. Mr Coles informed the hearing that Mr Andrew Scott had been at the meeting but had since left the racecourse. Attempts had been made to contact Mr Lance O'Sullivan however these had been unsuccessful. The Committee considered it appropriate then to continue the hearing and that Mr Harris was fully qualified to assist Mr Yanagida.
Rule 638(1)(c) states 'A Rider shall not ride a horse in a manner which the Judicial Committee considers to be improper'.
Using the available films Mr Williamson identified the horses ARTISTE and BEAUMARCHAIS as the field neared the 600 metres mark. BEAUMARCHAIS, ridden by Mr Mathew Cameron, was in a position hard-up alongside the leader BATTLE ROYAL. ARTISTE ridden by Mr Yanagida was in a trailing position behind these horses. As the leading horses neared the 400 metres mark Mr Williamson pointed out that Mr Yanagida directed ARTISTE outwards and began to ride the horse forward. Mr Williamson showed on the films at that time that there had not been a run available to ARTISTE between BATTLE ROYAL and BEAUMARCHAIS. Mr Yanagida nevertheless continued to ride forward on ARTISTE and made contact with BEAUMARCHAIS. It was clear on the films that ARTISTE made solid contact with the hindquarters of BEAUMARCHAIS. Mr Yanagida persisted with riding ARTISTE forward even though there was still no run available to him and contact was made again which turned BEAUMARCHAIS sideways and resulted in that horse becoming unbalanced for some distance.
In reply to a question from the Committee Mr Williamson stated that contact between the horses had occurred on and off for approximately 100 metres. It was also apparent on the films to the Committee that Mr Yanagida had become quite unbalanced during this time and his position on the horse and his control of ARTISTE had become compromised. At about the 300 metres mark there was finally enough room available for ARTISTE to attempt to continue to run on, that horse eventually finishing in 3rd place. BEAUMARCHAIS, which had been quite severely disadvantaged during the interference eventually finished some distance away in 5th place. Stewards were unable to say to what degree BEAUMARCHAIS's chances in the race had been compromised.
Mr Williamson concluded by stating that Mr Yanagida had put himself in a poor position while making a manoeuvre that he ought to have known would put himself into danger. He added that Mr Cameron had expressed concern to the Stewards about the level of carelessness and intereference by Mr Yanagida during the incident,and had said that Mr Yanagida had put himself in a dangerous position.
Mr Yanagida said that he had been following BATTLE ROYAL and had tried too hard to make a space for his horse to improve into. He told the Committee that he felt that he was 'under pressure' as ARTISTE was one of the favourites and was trained by the Baker/Forsman stable. He added that at the New Plymouth meeting the day before he had ridden a horse for that stable which had not performed up to expectations and acknowledged that he had pushed the boundaries too far today in an attempt to compensate for that.
Mr Harris said that Mr Yanagida was placed under pressure by trainers who he rode for, and that it appeared that he had been told to show more 'aggression' by Mr O'Sullivan. He added that in an earlier race today Mr Yanagida had ridden a favourite for the O'Sullivan/Scott stable which had finished 3rd after he had 'gone wide' when he should have made an inside run and most probably would have won the race. Mr Harris said that Mr Yanagida had been having a fair bit of success recently however in this instance he had created an element of danger which could have resulted in injury to himself, other riders, and horses.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Yanagida has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles advised the Committee that Mr Yanagida had a 'reasonably good' record. He said that he had in total ridden 28 winners from 245 rides. Mr Coles added that Mr Yanagida had incurred 2 careless riding suspensions in September 2018, however had not previously breached this Rule. He added that his relative inexperience showed when he had made a bad error of judgement today when forcing a run. Mr Coles added that the Stewards believed Mr Yanagida was under some pressure to perform when riding for top stables.
When asked for the Stewards assessment of the level of seriousness attached to this charge, Mr Coles said he believed it was at the 'high end of careless' in that Mr Yanagida had failed to show any regard for the riders around him when pursuing a run which had not been available to him. Mr Coles added that the Stewards submission on penalty was that it should be a suspension of Mr Yanagida's licence for not less than 12 days.
Mr Yanagida said he had discussed his position with his Manager and could begin a suspension after racing at Avondale on 23 January 2019.
Mr Harris said that he believed the Stewards had summed up the position well. He added that he believed Mr Yanagida would learn from the experience, and said that he had been surprised at Mr Yanagida's actions in the race which had made it unsafe for other riders. Mr Harris added that he considered Mr Yanagida had ridden the way he had as a result of pressure from other people in the industry. He said that he considered Mr Yanagida's riding generally had improved and that he had responded to the assistance offered by various people in the industry.
reasonsforpenalty:
The Committee took notice of the submissions of the parties and also viewed the films independantly. We were concerned that Mr Yanagida had attempted to improve ARTISTE into a position where there was not room to do so. Further, it was evident that Mr Yanagida had made a pre-determined effort to push between BEAUMARCHAIS and BATTLE ROYAL. BEAUMARCHAIS and its's rider Mr Cameron were placed in a situation which could have resulted in serious injury to either and it is again of concern to us that Mr Yanagida felt presssured to ride this way. The rider of BATTLE ROYAL (Mr R Jones) maintained his line alongside the running rail. Mr Cameron on BEAUMARCHAIS was not obliged to 'give way' to Mr Yanagida to allow him to gain any advantage over him. Safety of riders and horses is paramount in the industry: and it is incumbent on riders to take responsibility for their actions when riding in a race. That being said, it is of concern to the Committee that apprentices are being pressured to perform when their riding experience may not be at the level required to do so. The industry is competitive by it's very nature however safety issues must take precedence.
The Committee deem the incident to be at the high end of seriousness given that the interference to BEAUMARCHAIS was prolonged over a distance of 100 metres and resulted in contact between the horses a number of times. This placed both horses and riders at a high risk of injury.
We took note of Mr Yanagida's relative inexperience as a rider, although we are aware he has made much improvement in the past 12 months which has resulted in him being engaged to ride for high profile trainers.
We accept that Mr Yanagida has admitted the breach. Mr Harris is to be commended for his assistance to Mr Yanagida in this incident which has resulted in a somewhat rare and serious riding charge being preferred.
The JCA Penalty Guide provides a starting point of a 6 week suspension for a breach of this Rule. While the Stipendiary Stewards place the level of seriousness at the 'high end of carelessness', the fact is that Mr Yanagida has been charged with, and has admitted to, improper riding. A six week suspension of his licence would see Mr Yanagida missing the opportunity to ride at approximately 27 meetings throughout New Zealand. That is the starting point which the Committee adopted.
The JCA Penalty Guide was updated in 2017 and there has not been any other charges under this Rule since that time
We accept the mitigating factors involved here, ie Mr Yanagida's admission, his relative inexperience, and his riding record to date, and have accordingly allowed some concession from the starting point of a 6 week suspension of his licence. However given the aggravating factors outlined we have to impose a penalty which is meaningful and reflects the serious nature of the charge.
penalty:
We therefore suspend Mr Yanagida from riding in races from after the completion of racing at Avondale on 23 January until after the completion of racing at Wairoa on 21 February 2019, 4 weeks. We note that there are 18 National Racedays in this period, and that there are Iconic and Premier racedays included in this period of suspension.
hearing_type: Hearing
Rules: Rule 638(1)(c)
Informant: Mr A Coles -Stipendiary Steward
JockeysandTrainer: Mr T Yanagida - Apprentice Rider
Otherperson: Mr M Williamson - Senior Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
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race_title: R3
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meetdate: 18/01/2019
meet_title: Racing Tauranga - 18 January 2019
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