Archive Decision

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R Tauranga 21 March 2020 – R 5 – Chair, Mr A Dooley

ID: JCA11410

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr M Hashizume - Apprentice Rider

Other Person:
Mr B Jones - Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor

Information Number:
A13369

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 21 March 2020

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2020/03/21

Race Number:
R5

Decision:

As Mr Hashizume admitted the breach the Committee found the charge proved.

Penalty:

The Committee granted a deferment to Mr Hashizume’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Hashizume had his license to ride in races suspended for a period to commence after racing on 28 March and conclude after racing on 5 April 2020.

Facts:

Following the running of race 5, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Hashizume allowed BULLY BOY to shift out when not clear checking LADY SHABEEL near the 300 metres.

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

Mr Hashizume said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr Hashizume at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that when making the final turn BULLY BOY was hanging out and Mr Hashizume was on one rein. He said shortly after Mr Hashizume rode his mount forward and used the whip. In doing so BULLY BOY shifted out and checked LADY SHABEEL. He noted that BULLY BOY had given Mr Hashizume a warning when it laid out prior to the interference. The Stewards were of the view that Mr Hashizume should have been ready for the shift.

Mr Hashizume said that BULLY BOY was hanging out and he tried to straighten his mount. He said he used his whip and that is when his mount shifted out and caused the interference.

Mr Harris said when Mr Hashizume used his whip BULLY BOY shifted out into the line of LADY SHABEEL. He said the outward shift caught Mr Hashizume by surprise.

Submissions for Penalty:

Mr Williamson produced Mr Hashizume’s record which showed 2 previous breaches under this Rule in the last 12 months. He assessed Mr Hashizume’s level of carelessness as low range and submitted a penalty in line with that would be appropriate. He added that BULLY BOY shifted out quickly but the horse had given Mr Hashizume a prior warning.

Mr Hashizume advised that he had commitments at Ellerslie on 28 March and any proposed suspension could start after that date. He asked the Committee to consider imposing a 4-day suspension and a fine because his employer Mr Cooksley said he also had rides at Te Aroha on 4 April 2020.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage, we found that near the 300 metres Mr Hashizume used his whip and allowed BULLY BOY to shift out when only 1 length in advance of LADY SHABEEL. As a result, that runner was crowded and checked losing ground. We deemed the level of carelessness displayed by Mr Hashizume was low to mid-range.

The JCA Penalty Guide starting point for low to mid-range carelessness is 7 national riding days which we adopted.

The mitigating factor was Mr Hashizume’s admission of the breach. For this he was afforded a 1-day reduction in penalty.

We deemed Mr Hashizume’s record to be a neutral factor.

The Committee advised Mr Hashizume that it would be inappropriate and inconsistent to impose a 4-day suspension and a fine. We told him the expectation is that Judicial Committees do not substitute a suspension with a monetary fine unless there are exceptional circumstances.

After taking into account all the above factors the Committee considered that an appropriate penalty was a 6-day suspension.

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: 1af8acf89a97705fd0448bf950ae4e89


informantnumber: A13369


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 22/03/2020


hearing_title: R Tauranga 21 March 2020 - R 5 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 5, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Hashizume allowed BULLY BOY to shift out when not clear checking LADY SHABEEL near the 300 metres.

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

Mr Hashizume said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr Hashizume at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that when making the final turn BULLY BOY was hanging out and Mr Hashizume was on one rein. He said shortly after Mr Hashizume rode his mount forward and used the whip. In doing so BULLY BOY shifted out and checked LADY SHABEEL. He noted that BULLY BOY had given Mr Hashizume a warning when it laid out prior to the interference. The Stewards were of the view that Mr Hashizume should have been ready for the shift.

Mr Hashizume said that BULLY BOY was hanging out and he tried to straighten his mount. He said he used his whip and that is when his mount shifted out and caused the interference.

Mr Harris said when Mr Hashizume used his whip BULLY BOY shifted out into the line of LADY SHABEEL. He said the outward shift caught Mr Hashizume by surprise.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hashizume admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Hashizume’s record which showed 2 previous breaches under this Rule in the last 12 months. He assessed Mr Hashizume’s level of carelessness as low range and submitted a penalty in line with that would be appropriate. He added that BULLY BOY shifted out quickly but the horse had given Mr Hashizume a prior warning.

Mr Hashizume advised that he had commitments at Ellerslie on 28 March and any proposed suspension could start after that date. He asked the Committee to consider imposing a 4-day suspension and a fine because his employer Mr Cooksley said he also had rides at Te Aroha on 4 April 2020.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage, we found that near the 300 metres Mr Hashizume used his whip and allowed BULLY BOY to shift out when only 1 length in advance of LADY SHABEEL. As a result, that runner was crowded and checked losing ground. We deemed the level of carelessness displayed by Mr Hashizume was low to mid-range.

The JCA Penalty Guide starting point for low to mid-range carelessness is 7 national riding days which we adopted.

The mitigating factor was Mr Hashizume’s admission of the breach. For this he was afforded a 1-day reduction in penalty.

We deemed Mr Hashizume’s record to be a neutral factor.

The Committee advised Mr Hashizume that it would be inappropriate and inconsistent to impose a 4-day suspension and a fine. We told him the expectation is that Judicial Committees do not substitute a suspension with a monetary fine unless there are exceptional circumstances.

After taking into account all the above factors the Committee considered that an appropriate penalty was a 6-day suspension.


penalty:

The Committee granted a deferment to Mr Hashizume’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Hashizume had his license to ride in races suspended for a period to commence after racing on 28 March and conclude after racing on 5 April 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr M Hashizume - Apprentice Rider


Otherperson: Mr B Jones - Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: 9921006db8bc035dac8333a9e9f0082b


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: aa311cd76f0a20da89a7ab959a19db04


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/03/2020


meet_title: Racing Tauranga - 21 March 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Racing Tauranga