Counties RC 10 August 2013 – R 8
ID: JCA10473
Code:
Thoroughbred
Meet Title:
Counties RC - 10 August 2013
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2013/08/10
Race Number:
R 8
Decision:
As Mr McNab admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a fine of $1,000 on Mr McNab.
Charge:
Following race 8, COLLETT / MCRAE RACING STABLES 1600, an Information was filed pursuant to Rule 610(4). The Informant, Mr Coles, alleged that Mr McNab had in his possession a body protector which is not an approved body protector.
Mr McNab acknowledged he understood the Rule and the nature of the charge.
Rule 610(4) provides: A rider may not wear or have in their possession a body protector or a skull cap that has been modified in anyway.
Facts:
Mr McNab confirmed that he admitted the breach.
Mr Oatham advised the Committee that he went into the jockey's room prior to race 7 and observed Mr McNab wearing an unapproved body protector. He presented the vest as an exhibit for the Committee to view. He said this “cheater” vest was generally used by riders who struggle with their weight because they are lighter than the approved vests. He said Mr McNab was upfront with the Stewards during their investigation and he did not try and deceive them.
Mr McNab admitted that he was wearing the vest because he thought he would struggle to make the weight for his ride on SWEET RITA in Race 8. He acknowledged that Mr Oatham had seen him wearing the unapproved body protector.
In response to a question from the Committee, Mr McNab informed us that he weighed out at the correct weight of 56.5kg this was confirmed by Mr Oatham.
Mr McNab admitted to the Committee that he “panicked” when he thought he was going to be overweight. He said that is why he had an unapproved body protector in his possession.
The Committee highlighted to Mr McNab it was unfortunate he did not check his weight prior to weighing out because he made the carded weight. Mr McNab conceded he was “foolish” in not checking his weight when arriving on course.
Submissions for Penalty:
Mr Coles produced Mr McNab's record which showed 1 previous breach of this Rule on 16th April 2012 when he rode in an unapproved body protector this resulted in a $500 fine. He said Mr McNab had failed to make the weight on 5 separate occasions in the last 12 months which had some relevance to this breach. He said his record did not read particularly well and Mr McNab was foolish in his actions today. The Stewards were concerned that Mr McNab had not learned his lesson from prior breaches.
He added to Mr McNab's credit is that he “came clean” with the Stewards very quickly.
Mr Coles advised the Committee of a rider with a similar breach which resulted in a $1,000 fine. He said the Stewards did discuss the option of recommending a suspension but felt Mr McNab was worthy of one more chance. He submitted a fine of not less than $1,000 would be an appropriate penalty.
Mr McNab submitted he would accept a fine because a suspension would have a detrimental impact on his weight.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr McNab's admission of the breach although it was inevitable. The aggravating factors are Mr McNab's previous breach under this Rule, his own admission that he was using the body protector to gain a weight advantage. The approved vests are designed as a safety measure which is paramount for jockeys therefore Mr McNab must comply in the future.
The Committee had regard and was not unsympathetic for the fact Mr McNab does struggle with his weight however, this type of action will not be tolerated.
We acknowledge that Mr McNab was honest and co operative with the Stewards during their investigation.
Mr Oatham did confiscate Mr McNab's unapproved body protector.
The Committee when determining an appropriate penalty did refer to similar breaches and took into account all the above factors.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 04756348b7fa7031e2fab92dc7c9b745
informantnumber: A2767
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: Counties RC 10 August 2013 - R 8
charge:
Following race 8, COLLETT / MCRAE RACING STABLES 1600, an Information was filed pursuant to Rule 610(4). The Informant, Mr Coles, alleged that Mr McNab had in his possession a body protector which is not an approved body protector.
Mr McNab acknowledged he understood the Rule and the nature of the charge.
Rule 610(4) provides: A rider may not wear or have in their possession a body protector or a skull cap that has been modified in anyway.
facts:
Mr McNab confirmed that he admitted the breach.
Mr Oatham advised the Committee that he went into the jockey's room prior to race 7 and observed Mr McNab wearing an unapproved body protector. He presented the vest as an exhibit for the Committee to view. He said this “cheater” vest was generally used by riders who struggle with their weight because they are lighter than the approved vests. He said Mr McNab was upfront with the Stewards during their investigation and he did not try and deceive them.
Mr McNab admitted that he was wearing the vest because he thought he would struggle to make the weight for his ride on SWEET RITA in Race 8. He acknowledged that Mr Oatham had seen him wearing the unapproved body protector.
In response to a question from the Committee, Mr McNab informed us that he weighed out at the correct weight of 56.5kg this was confirmed by Mr Oatham.
Mr McNab admitted to the Committee that he “panicked” when he thought he was going to be overweight. He said that is why he had an unapproved body protector in his possession.
The Committee highlighted to Mr McNab it was unfortunate he did not check his weight prior to weighing out because he made the carded weight. Mr McNab conceded he was “foolish” in not checking his weight when arriving on course.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr McNab's record which showed 1 previous breach of this Rule on 16th April 2012 when he rode in an unapproved body protector this resulted in a $500 fine. He said Mr McNab had failed to make the weight on 5 separate occasions in the last 12 months which had some relevance to this breach. He said his record did not read particularly well and Mr McNab was foolish in his actions today. The Stewards were concerned that Mr McNab had not learned his lesson from prior breaches.
He added to Mr McNab's credit is that he “came clean” with the Stewards very quickly.
Mr Coles advised the Committee of a rider with a similar breach which resulted in a $1,000 fine. He said the Stewards did discuss the option of recommending a suspension but felt Mr McNab was worthy of one more chance. He submitted a fine of not less than $1,000 would be an appropriate penalty.
Mr McNab submitted he would accept a fine because a suspension would have a detrimental impact on his weight.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr McNab's admission of the breach although it was inevitable. The aggravating factors are Mr McNab's previous breach under this Rule, his own admission that he was using the body protector to gain a weight advantage. The approved vests are designed as a safety measure which is paramount for jockeys therefore Mr McNab must comply in the future.
The Committee had regard and was not unsympathetic for the fact Mr McNab does struggle with his weight however, this type of action will not be tolerated.
We acknowledge that Mr McNab was honest and co operative with the Stewards during their investigation.
Mr Oatham did confiscate Mr McNab's unapproved body protector.
The Committee when determining an appropriate penalty did refer to similar breaches and took into account all the above factors.
penalty:
Accordingly, we impose a fine of $1,000 on Mr McNab.
hearing_type: Hearing
Rules: 610(4)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M McNab - Licensed Rider
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c34e34464836dc8a6442b7257636a291
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4c785375e7b8215781c6ca7bfa4929bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2013
meet_title: Counties RC - 10 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC