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01 Aug 2020
Ashburton-Rc - R2

Ashburton RC 1 August 2020 - R 2 - Chair, Mr S Ching

Created on 03 August 2020

Rules:
638(1(d)
Committee:
SChing (chair)
Name(s):
Mr K Asano - Class B Rider
Mr D Walsh - Apprentice Jockey Mentor assisting Mr Asano
Mr A Carston - Licensed Trainer
Mr M Davidson - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11953
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 2, the Cochranes of Canterbury Maiden, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B rider, Mr K Asano, in that he allowed his mount HIGHLY POLISHED to shift out over the concluding stages, crowding and checking GOODANYA and inconveniencing GLACIER POINT.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Asano had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. He also agreed that he understood the charge and the provisions of the Rule it was brought under.

Mr Asano was assisted at the hearing by Mr D Walsh, Apprentice Jockey Mentor and Mr A Carston, Licensed Trainer

Mr Oatham, with the assistance of Stipendiary Steward, Mr Davidson, gave evidence and used video coverage to show that approaching the 50m, HIGHLY POLISHED, ridden by Mr Asano, was racing two off the rail with GOODANYA, ridden by Mr T Moseley and GLACIER POINT, ridden by Mr J Laking, on his outside in that order.

Mr Davidson pointed out Mr Asano, using the whip in his left hand, shift outwards under a ride, and take the rightful line of Mr Moseley who was forced out, making contact with GLACIER POINT, and as a result GOODANYA was crowded and had to check. Mr Davidson stated that Mr Asano was only ¾ of a length ahead of Mr Moseley in this manoeuvre.

Mr Asano stated that he had ridden HIGHLY POLISHED at Timaru recently and on that occasion the horse had hung out badly. He said today that when turning for home he had the whip in the right hand and when the horse did not hang, as at Timaru, he changed to the left hand. He said that when a horse improved through on his inside, HIGHLY POLISHED shied away from that horse, resulting in the shift outwards. He added that there was some movement from the runner outside GLACIER POINT, being JUST A PROMISS, who shifted in, making the incident look worse than it was.

Decision:

As Mr Asano had admitted that breach the charge was found proved.

Submission For Penalty:

Mr Oatham stated that Mr Asano’s record showed 4 breaches of this Rule over the previous 12 months being Egmont–5 days, Timaru 28 December 2019-7 days, and 23 January 2020 at Dunedin where he received a 7 day and an 8-day suspension. He stated that Mr Asano was a busy rider, riding in the Central and Southern Districts regularly. He stated that this breach was low range and due to the length of time and the number of rides, since the last offence, proposed that Mr Asano’s record be considered a neutral factor.

Mr Oatham stated that after taking all factors into consideration including the lack of opportunity in the new season and the ongoing implications of Covid-19, submitted that a 4 National day suspension be considered as penalty.

Mr Asano elected to make no submissions on penalty apart from requesting a deferment until after racing on Saturday 8 August as he had commitments at the Hawera meeting.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low-range breach of this Rule. We assessed this breach as low range and therefore adopted a 6-day starting point. Mr Asano’s penalty record showed 4 breaches in the previous 12 months, the last being over 6 months prior. Due to the time period, including the lock down and the number of rides since his last offence, we were prepared, on this occasion, to treat Mr Asano’s record as a neutral factor. As from August 1, the implications of Covid were no longer regarded as a mitigating factor and were therefore discounted from consideration on penalty. We were, however, able to afford Mr Asano a discount for his frank admission of the breach. This discount we set at 1 day.

We therefore determined that a 5 National Day suspension was an appropriate penalty in this case.

Mr Asano’s application for a deferment for 7 days until 8 August 2020 is granted.

Penalty:

Accordingly, Mr Asano’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 8 August up to and including 22 August 2020.

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