Auckland TR 23 February 2025 – R2 – Joe Nishizuka

Evidence:

Following the running of Race 2, Apprentice Rider Mr Joe Nishizuka, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d). The Information alleged that as the Rider of WRITTEN IN HEAVEN, he allowed his mount to shift outwards, crowding and checking EARLY BIRD (J Fawcett) near the 200 metres.

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach. Trainer Mr John Ruddell was 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 Jones demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Mr Jones said that approaching the 200 metre mark, Mr Nishizuka is riding his horse forward with his whip. In doing so, his mount shifts out into the line of EARLY BIRD, who was crowded and checked. At the time Mr Nishizuka shifted ground, his mount, WRITTEN IN HEAVEN, was only one to one and a quarter lengths clear of EARLY BIRD, which was improving. WRITTEN IN HEAVEN was not the required two lengths clear as per the Rule.

In response, Mr Nishizuka stated that his mount was a bit horse shy and when he used his whip, his mount shifted outwards; he said he should have corrected a bit more at that time.

Mr Ruddell stated that he should have informed the Jockey that the horse was a bit field shy and asked that this is considered when arriving at a penalty, which he requested was at the lower end of the scale. He said that he took some responsibility for the horse shifting ground, and added it had recently had its teeth done.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Jones produced the Respondent’s riding record, which indicated two previous breaches under the Careless Riding Rule in the last 12 months, namely:

7 January 2025 at Whangarei, which resulted in a 4-day suspension; and

16 November 2024 at Tauranga, which resulted in a 5-day suspension.

The Respondent has had 189 mounts in the past 12 months.

Stipendiary Steward Mr Jones said Stewards assessed the level of carelessness to be in the low to mid range.

The Respondent advised of riding engagements through until 26 February 2025 and sought a deferment to any proposed suspension.

Reasons for Penalty:

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

The race films clearly demonstrate that Mr Nishizuka, has at about the 200-metre mark, allowed his mount to shift outwards when not the required distance clear of EARLY BIRD, who was crowded and checked.

The Respondent’s riding record is treated as a neutral factor, when determining the penalty.

After consideration of the above factors, a 6-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 6 days, commencing after racing on 26 February 2025 and concluding after racing on 7 March 2025.