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

Created on 23 March 2020

Rules:
638(1)(d)
Committee:
ADooley (chair)
AGodsalve
Name(s):
Mr M Hashizume - Apprentice Rider
Mr B Jones - Stipendiary Steward
Mr N Harris - Apprentice Jockey Mentor
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A13369
Plea:
Admitted
Charge:
Careless Riding
Evidence:

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.

Decision:

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

Submission 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.

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.

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