Auckland TR 8 January 2023 – R5 – Kozzi Asano

Evidence:

Following the running of Race 5, 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 LOOSE SPENDER he allowed his mount to shift outwards when insufficiently clear of CRUZ MISSILE, which caused interference to BITCOIN and ZAHER.

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, C Simpson demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Simpson said that at approximately the 350m mark, when in the lead Mr Asano allowed his mount to drift outwards into the line of CRUZ MISSILE who had improved quickly to be just behind outside of LOOSE SPENDER. As a result, CRUZ MISSILE moved outwards and made contact with BITCOIN, which got into the line of ZAHER which got onto heels and had to be checked.

In response Mr Asano said his horse never made contact with any runner, and it was its first run right-handed.

Decision:

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

Submission for Penalty:

Stipendiary Steward B Jones produced Mr Asano’s riding record which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months.

21/12 – 4 days Ashburton

28/8 – 5 days and $100 Whangarei

19/3 – 4 weeks Trentham

Mr Asano has had 616 mounts in the past 12 months, and it is significant that he is one of the busiest Riders in the country

Stipendiary Steward B Jones said Stewards assessed the level of carelessness to be in the low to mid-range and added that the breach occurred in a Listed Race.

The Respondent advised of riding engagements through until the 14^th of January and sought a deferment to any proposed suspension.

In terms of any proposed penalty the Respondent had nothing to add.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee determined the Respondent’s carelessness to be below 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 available films established that the Respondent’s mount drifted outwards about 1 horse width when leading in the home straight.  This caused tightening to the runners to its outside.

The Respondent’s riding record and admission of the breach is considered a mitigating factor and a 1-day reduction was applied to the 6-day starting point for his admission of the breach and record.

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

Conclusion – Penalty:

The Respondents request for a deferment is granted and his License to ride in races is suspended for a period of 5 days commencing after racing on 14^th of January and concluding after racing on 26^th of January 2023.