Whangarei RC 20 August 2022 – R4 – Kozzi Asano

Evidence:

Following the running of race 4, the Respondent, Apprentice Rider Kozzi Asano admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of PACIFIC DRAGON he permitted his mount to shift outwards when not sufficiently clear of DEPLOY who was checked near the 125m

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach. Apprentice Mentor N Harris and Trainer Tony Pike were present to assist.

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

Using the available race films Stipendiary Steward, Mr A Dooley demonstrated the incident and identified the horses and riders concerned.

Stipendiary Steward, Mr Dooley said that after entering the straight PACIFIC DRAGON commenced an outward shift, he said to its outside was DEPLOY. He said that when Mr Asano switched his whip from his right hand to his left PACIFIC DRAGON checked DEPLOY. He said at the time of the interference PACIFIC DRAGON was barely a length clear.

In response, Mr Asano said his horse was laying out and he didn’t contact DEPLOY but did check it, that was why he admitted the breach.

Mr Pike said that obviously interference had occurred and PACIFIC DRAGON had a tendency of laying out when racing right handed. He said Mr Asano had attempted to straighten her but may have lost a little control when he changed the whip to his other hand. He also said he thought the infringement was at the low end.

Decision:

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Mr J Oatham produced Mr Asano’s riding record which indicated 2  previous breaches under the careless riding Rule in the last 12 months, these occurred on the 4/12/21 which resulted in a 5 day suspension and 19/3/22 which resulted in a 4 week suspension (due to a rider falling in the race).

Mr Asano has had 651 mounts in the past 12 months and is one of NZ’s busiest riders.

Mr Oatham said Stewards assessed the level of carelessness to be slightly above the low range and that PACIFIC DRAGON didn’t appear to be an easy ride.

The Respondent advised of riding engagements through until the 27^th of August and sought a deferment to any proposed suspension.

In terms of any proposed penalty the Respondent requested that his good record be considered.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee determined Mr Asano’s carelessness to be in the low – mid range and adopted a 6 day(suspension) as the starting point. This conforms with the NZTR Penalty Guideline (as of 1 March 2022).

The available films clearly established that the Respondent shifted out when not sufficiently clear of the horse to his outside and in doing so interfered with it. Of note was the fact that PACIFIC DRAGON was not assisting Mr Asano’s efforts to keep it straight by wanting to lay out from the entry of the straight to the finish line.

In mitigation was PACIFIC DRAGON’S racing manners, the admission of the breach and Mr Asano’s very good record, for these combined factors a 2 day reduction in penalty was applied.

Rule 920(2) empowers an Adjudicative Committee in imposing a penalty to have due regard to such matters as it considers appropriate including: (a) the Status of the Race; (b) the stake payable in respect of the Race.; and / or (c) the consequences.

The Penalty Guidelines for careless riding in a Black type race provide that a fine should be added as a % of the Jockey’s share of the stakes earned.

On this occasion due to the status of the race (Group 3) the Committee applied and uplift of 1 day to the penalty and a fine of $100 in consideration of the stakemoney he earned.

After consideration of the above factors a 5-day suspension and $100 fine was imposed.

Conclusion:

The Respondent’s request for a deferment is granted and  his License to ride in races is suspended for a period of 5 days commencing after racing on 27/8/22 and concluding after racing on 4/9/22.

In addition a $100 fine is imposed.