Auckland TR 2 March 2024 – R5 – Kozzi Asano

Evidence:

Following the running of Race 5, the Haunui Farm Kings Plate (Group 3), the Respondent Class A Rider Mr K Asano, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of NOT GUILTY “he permitted his mount to shift inwards when insufficiently clear of MERCURIAL, which was crowded and checked near the 1100 metres”.  

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 (including overhead drone footage), Senior Stipendiary Steward Mr Jones demonstrated the incident and identified the horses and Riders concerned leaving the barrier at the 1200 metre start; namely NOT GUILTY (K ASANO) and MERCURIAL (J DOYLE).

Mr Jones pointed out NOT GUILTY, whose Rider was looking to angle onto the rails from its Number 5 barrier position nearing the 1100 metres.  Three-quarters of a length back and on the rails, was MERCURIAL.  NOT GUILTY crossed and took the running line of MERCURIAL, who was severely checked and lost two lengths.  At the time of the shift, Mr Jones said that NOT GUILTY was no more than three quarters of a length clear of MERCURIAL.

The Respondent, Mr Asano said that his horse “likes to be in front and on the fence”.  He said that Mr Doyle was pushing his horse hard (up on his inside) and when he heard him yelling out, he tried to ease the pressure, but it was too late.

Decision:

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

Submissions for Penalty:

Chief Stipendiary Steward Mr Oatham stated that Mr Asano has had four previous breaches of the Careless Riding Rule.  One of those breaches occurred on 8 March 2023 and is due to reset (expire) in 5 days.  The other three breaches occurred on 11/10/23 at Taupo, 28/10/23 at Pukekohe and 18/11/23 at Riccarton in a Group 1 Race, resulting in an 11 day suspension. Mr Oatham said Mr Asano is a busy Rider having had 651 rides in the past 12 months.

Mr Oatham said that Stewards assessed Mr Asano’s level of carelessness as above mid-range due to the severe check to MERCURIAL. He added that an aggravating factor to be considered is that the breach occurred in a Group 3 Race with a stake of $150,000.  He said that NOT GUILTY finished last and Mr Asano’s share of the stake was minimal.

The Respondent advised of riding engagements through until 9 March 2024 and sought a deferment to any proposed suspension. In terms of any proposed penalty, he elected to make no submissions.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Mr Asano’s carelessness to be above mid-range and adopted an 8-day suspension as the starting point.

This is the Respondent’s fifth breach of the Rule within 12 months.  One of those breaches expires in 5 days.  It is acknowledged that Mr Asano is a busy national Rider, having had 651 raceday rides in the past 12 month.  His record is therefore treated as a neutral factor.

The status of the race, being Group 3 with a stake of $150,000, is an aggravating factor for which a 1-day uplift is applied.

In recognition of Mr Asano’s admission, a 1-day reduction is applied.

After consideration of the above factors, an 8-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 8 National Days, commencing after racing on 9 March 2024 and concluding after racing on 23 March 2024.