Ashburton RC 21 December 2022 – R10 – Kozzi Asano

SUMMARY OF FACTS:

Following the running of Race 10, an Information was filed by Stipendiary Steward, Mr M Davidson, against Mr Asano, alleging careless riding, in that he directed his mount, POVERTY BAY, outwards when not sufficiently clear, making firm contact with POWER ‘N’ PASSION which was hampered and unbalanced near the 400 metre mark.

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

“(1) A Rider shall not ride a horse in a manner which the Adjudicative 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. Mr Asano also acknowledged that he understood the charge and the Rule it was brought under.

SUBMISSIONS:

Mr Davidson, with the assistance of Mr Oatham, used the race films to show that Mr Asano’s mount was travelling well round the last turn. Mr Asano started to ride his mount out and has come up quickly behind another runner. As he has come outside the heels of Mr Chowdhoory’s mount, he makes contact with it. Mr Davidson said the issue was the abruptness of the move.

Mr Asano said he saw a gap and that the horse on the outside was not travelling well. He said his horse was travelling well. He accepted he made contact, but quickly tried to rectify it.

DECISION:

As Mr Asano had admitted the breach, the charge was found to be proved.

SUBMISSIONS ON PENALTY:

Mr Davidson submitted that Mr Asano had two prior breaches of this Rule. They are as follows:

• 19 March 2022 where 4 weeks was imposed for a breach where two Riders fell
• 20 August 2022 where 5 days and $100 was imposed for a low range breach in a Group 3 Race

Mr Davidson said that Mr Asano has had 628 rides to date this season and rides in both islands. Therefore, Mr Davidson submitted that Mr Asano’s record was very good given the number of rides he has.

Mr Davidson submitted this should be considered as a below low range breach. Mr Davidson stated that Mr Asano should receive credit for his admission of the breach and good record.

Mr Asano requested a deferment of penalty until after 26 December, where he had riding commitments.

REASON FOR PENALTY:

It is agreed that the carelessness in this case is due to the abruptness of the move. This breach can appropriately be considered in the low range, accordingly the starting point adopted is a 5 day suspension. A discount of 1 day is appropriate to reflect his frank admission of the breach and good record.

A 4 day suspension is the appropriate penalty in this case.

Mr Asano’s application for a deferment of penalty until after racing on 26 December was granted.

PENALTY:

Mr Asano is suspended for 4 days from the end of racing on 26 December 2022, up to and including 31 December 2022.