Waipa RC 8 November 2017 – R 9 – Chair, Mr A Dooley
ID: JCA10619
Code:
Thoroughbred
Meet Title:
Waipa RC - 8 November 2017
Meet Chair:
ADooley
Race Date:
2017/11/08
Race Number:
R9
Decision:
As Mr Marzuki admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Mr Marzuki’s suspension as per Rule 1106(2).
Accordingly, Mr Marzuki had his license to ride in races suspended for a period to commence after racing on 11 November and conclude after racing on 23 November 2017 (8 days).
12 November at Hastings was not included in the penalty because the declaration of riders had closed.
Facts:
Following the running of Race 9, Waipa Home Of Champions, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Jones, alleged that Mr Marzuki permitted his mount SHONALI to shift inwards over the concluding stages forcing SHE’S ALL CLANG inwards crowding ESKIMO KISS which was checked.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. Mr K Hawtin, ex Trainer and Owner of SHONALI, assisted Mr Marzuki at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham used the available video footage to demonstrate the incident. He identified that SHONALI was the extreme outside horse racing into the final 100 metres with Mr Marzuki riding his mount forward with the whip. He said that Mr Marzuki allowed his mount to shift in and make contact with SHE’S ALL CLANG which was forced inwards resulting in ESKIMO KISS receiving a severe check and as a consequence lost 2 lengths. He said that Mr Marzuki had an obligation to stop riding his mount and relieve the inward pressure.
When invited to comment on the incident Mr Marzuki had nothing to say.
In response to a question from the Committee, Mr Marzuki said that he accepted Mr Oatham’s interpretation of the incident.
Mr Hawtin said that Mr Marzuki would learn from the incident and he is a rider that is going very well. He said that Mr Marzuki got a little bit excited close to the finish and he was 2 strides too late in taking any corrective action.
Submissions for Penalty:
Mr Jones produced Mr Marzuki’s record which showed 4 previous breaches under this Rule in the last 12 months.
3 December 2016 – 4 days
18 February 2017 – 6 days
5 May 2017 – 5 days
24 September 2017 – 7 days
Mr Jones categorised Mr Marzuki’s carelessness as mid-range and said the starting point for this type of breach was 8 National riding days. He said that Mr Marzuki should be given credit for his admission of the breach.
Mr Marzuki advised that he had engagements at Te Rapa on 11 November and any proposed suspension could start after that date.
Mr Oatham advised that the declaration of riders had closed for Hastings on 12 November and stated that particular race meeting could not be included in Mr Marzuki’s penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the incident the Committee observed that Mr Marzuki was riding his mount forward with the whip when it was shifting inwards over the concluding stages of the race. Mr Marzuki permitted his mount to shift in where he made contact with SHE’S ALL CLANG, resulting in that runner being taken into the line of ESKIMO KISS with its rider Mr Colgan having to take evasive action when severely checked. The Committee deemed the carelessness displayed by Mr Marzuki was mid-range.
The Penalty Guide for Judicial Committees recommends that the starting point for a mid-range carelessness is 8 National riding days.
The aggravating fact was Mr Marzuki’s record which is poor even taking into account he is an Apprentice rider and a 1 day uplift was applied.
The mitigating fact was Mr Marzuki’s admission of the breach, for this the Committee afforded Mr Marzuki a 1 day reduction.
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: 0de873decb4f34fce7870cb65467d1f0
informantnumber: A7331
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 09/11/2017
hearing_title: Waipa RC 8 November 2017 - R 9 - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 9, Waipa Home Of Champions, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Jones, alleged that Mr Marzuki permitted his mount SHONALI to shift inwards over the concluding stages forcing SHE’S ALL CLANG inwards crowding ESKIMO KISS which was checked.
Mr Marzuki acknowledged that he understood the Rule and confirmed his admission of the breach. Mr K Hawtin, ex Trainer and Owner of SHONALI, assisted Mr Marzuki at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham used the available video footage to demonstrate the incident. He identified that SHONALI was the extreme outside horse racing into the final 100 metres with Mr Marzuki riding his mount forward with the whip. He said that Mr Marzuki allowed his mount to shift in and make contact with SHE’S ALL CLANG which was forced inwards resulting in ESKIMO KISS receiving a severe check and as a consequence lost 2 lengths. He said that Mr Marzuki had an obligation to stop riding his mount and relieve the inward pressure.
When invited to comment on the incident Mr Marzuki had nothing to say.
In response to a question from the Committee, Mr Marzuki said that he accepted Mr Oatham’s interpretation of the incident.
Mr Hawtin said that Mr Marzuki would learn from the incident and he is a rider that is going very well. He said that Mr Marzuki got a little bit excited close to the finish and he was 2 strides too late in taking any corrective action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Marzuki admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones produced Mr Marzuki’s record which showed 4 previous breaches under this Rule in the last 12 months.
3 December 2016 – 4 days
18 February 2017 – 6 days
5 May 2017 – 5 days
24 September 2017 – 7 days
Mr Jones categorised Mr Marzuki’s carelessness as mid-range and said the starting point for this type of breach was 8 National riding days. He said that Mr Marzuki should be given credit for his admission of the breach.
Mr Marzuki advised that he had engagements at Te Rapa on 11 November and any proposed suspension could start after that date.
Mr Oatham advised that the declaration of riders had closed for Hastings on 12 November and stated that particular race meeting could not be included in Mr Marzuki’s penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the incident the Committee observed that Mr Marzuki was riding his mount forward with the whip when it was shifting inwards over the concluding stages of the race. Mr Marzuki permitted his mount to shift in where he made contact with SHE’S ALL CLANG, resulting in that runner being taken into the line of ESKIMO KISS with its rider Mr Colgan having to take evasive action when severely checked. The Committee deemed the carelessness displayed by Mr Marzuki was mid-range.
The Penalty Guide for Judicial Committees recommends that the starting point for a mid-range carelessness is 8 National riding days.
The aggravating fact was Mr Marzuki’s record which is poor even taking into account he is an Apprentice rider and a 1 day uplift was applied.
The mitigating fact was Mr Marzuki’s admission of the breach, for this the Committee afforded Mr Marzuki a 1 day reduction.
penalty:
The Committee granted a deferment to Mr Marzuki’s suspension as per Rule 1106(2).
Accordingly, Mr Marzuki had his license to ride in races suspended for a period to commence after racing on 11 November and conclude after racing on 23 November 2017 (8 days).
12 November at Hastings was not included in the penalty because the declaration of riders had closed.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr B Jones -Stipendiary Steward
JockeysandTrainer: Mr H Marzuki - Apprentice Rider, Mr K Hawtin - Ex Trainer assisting Mr Marzuki
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 53d2a5a4067f04f11bb78c843c62aa37
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: cc76fe90ada198c2e781390a82020b43
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2017
meet_title: Waipa RC - 8 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waipa RC