Auckland RC 1 January 2022 – R10 – Taiki Yanagida

Evidence:

Following the running of Race 10, the Respondent Apprentice Rider, Taiki Yanagida admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that Taiki Yanagida  “allowed his mount, GONE WITH THE WIND to shift in when not sufficiently clear of RUSAVY (T Newman) which was checked near the 1300 metres”.

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach. Mr Yanagida is an Apprentice Rider who is due to become a fully-fledged Senior Rider in 5 days.  At the time of the hearing there was not a senior responsible person available to support him at the hearing.  On that basis he took advice from his employer, Mr L O’Sullivan (via phone) and as a result Mr Yanagida advised the Committee, he consented to the hearing proceeding without a support person.  The Committee further questioned Mr Yanagida on this point and was satisfied Mr Yanagida’s consent was sufficiently informed.

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

Using the available race films Stipendiary Steward, Mr Jones demonstrated the incident and identified the horses and Riders concerned.

Mr Jones said that approaching the 1300 metre mark Mr Yanagida permitted his mount to shift inwards when not fully clear of RUSAVY which was checked. He said that at the time of the shift Mr Yanagida’s mount was never any more that 1 to 1¼ lengths clear of RUSAVY.  He added that RUSAVY was over-racing which did not help the situation.

In response, Mr Yanagida stated that when he crossed, he glanced inwards, saw RUSAVY and wrongly anticipated that Ms Newman would ease RUSAVY back and allow him in.  However, he realised, it was too late because RUSAVY was over-racing.

Decision:

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

Submission for Penalty:

Chief Stipendiary Steward, Mr Oatham produced the Respondent’s riding record which indicated 5  previous breaches under the Careless Riding Rule in the last 12 months, namely:

08/05/21 Te Rapa, 4 days suspension

27/05/21 Counties, 4 days suspension

14/08/21 Te Rapa, 5 days suspension

02/10/21 Hastings, 8 days suspension

06/11/21  Te Rapa, 7 days suspension

The Respondent has had  430 mounts in the past 12 months and is a sought after Apprentice Rider. Mr Oatham said Stewards assessed the level of carelessness to be in the low – range, a mitigating factor being that at the time RUSAVY was over-racing and contributed.  He submitted that the breach was simply the result of Mr Yanagida misjudging the shift.

The Respondent advised he had riding engagements through to 6 January 2022 and sought a deferment to any proposed suspension.

In terms of any proposed penalty the Respondent offered no submissions.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee  determined the Respondent’s carelessness to be in the low range and adopted a 5-day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 1 September 2021).

The available films clearly established that the Respondent shifted in and checked RUSAVY who was over-racing.

The Respondent’s poor riding record is treated as an aggravating and a 1-day uplift was applied to the 5-day starting point.   This was cancelled after a 1-day reduction was applied for his admission of the breach.

After consideration of the above factors a 5-day suspension was imposed.

Conclusion – Penalty:

The Respondents request for a deferment is granted and his Licence to ride in races is suspended for a period of 5 days commencing after racing on 6 January 2022 and concluding after racing on 14 January 2022.