Auckland TR 28 October 2023 – R8 – Kozzi Asano

Evidence:

Following the running of Race 8, the Respondent Class A Rider Kossi Asano, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of IMPENDABELLE “he permitted his mount to shift inwards when insufficiently clear of MOLLY BLOOM, which was crowded and checked and MARY SHAN which was crowded over the concluding stages.  

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

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 Brady Jones, with the assistance of Stipendiary Steward Lauren Selvakumaran, demonstrated the incident and identified the horses and Riders concerned. Mrs Selvakumaran pointed out Mr Asano, riding IMPENDABELLE, racing 4 to 5 wide wide approaching the 40m with MARY SHAN, ridden by Craig Grylls, on the rail and MOLLY BLOOM, ridden by Joe Doyle, racing between both runners. Using available replays, Mrs Selvakumaran showed Mr Asano permit his mount to shift in, when under a ride and not clear, over the final stages of the race and as a result, crowding MOLLY BLOOM, who had to check and also crowding MARY SHAN on the rails.

The Respondent, Mr Asano, elected to make no submissions in regard to the incident.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Jones stated that Mr Asano’s record in regard to this Rule showed 4 previous breaches over the previous 12 months being, 21 December 2022 – 4 day suspension, 8 January 2022 – 5 day suspension, 8 March 2023 – 7 day suspension and 11 October 2023 – 4 day suspension.  He said that Mr Asano’s riding statistics shows he has had 675 rides over the previous 12 months.

Mr Jones said Stewards assessed the level of carelessness to be in the mid-range and submitted a starting point as per the Penalty Guide of a 7 day starting point. He added the status of the race being Group 2 with a stake of $175,000, were aggravating factors.

The Respondent advised of riding engagements through until 1 November 2023 at Te Aroha and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent’s carelessness to be in the mid range and accordingly, adopted a 7-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

The Respondent’s riding record is treated as an aggravating factor which warrants an uplift, which the Adjudicative Committee sets at 1 day. The status of the race, being Group 2 with a stake of $175,000, is also an aggravating factor and warranted a further uplift in penalty, which the Adjudicative Committee sets at 2 days.

In mitigation, Mr Asano’s frank admission of the breach affords him a discount in penalty, which was set at 1 day.

After consideration of the above factors, a 9-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted until after racing on 1 November 2023 at Te Aroha, and his Licence to ride in races is suspended for a period of 9 National Days, commencing after racing on 1 November 2023 and concluding after racing on 14 November 2023.