R Te Aroha 9 April 2016 – R 7 – Chair, Mr R Seabrook
ID: JCA10534
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 9 April 2016
Meet Chair:
RSeabrook
Meet Committee Member 1:
ADooley
Race Date:
2016/04/09
Race Number:
R4 R7
Decision:
As the breach was admitted we find the charge proved.
Penalty:
In assessing penalty we have not taken into account the race was worth $40,000 as we do not consider this to be of any note. The committee has adopted 5 days as a starting point before delivering an appropriate penalty. After taking all the above into account we would normally impose a 6 day suspension for today's offence. However as this period includes a Premier Group 1 day at Ellerslie on the 23rd April, the committee in recognition of this, has reduced the suspension to one of 5 days.
Accordingly and under the provisions of Rule 1106(2) Mr McNab is suspended from after racing on the 13th April until after racing on the 23rd April (5 Days).
The committee explained to Mr McNab that because of the factors involved in this case, namely his poor record, the penalty did not warrant a fine and a suspension.
The committee wishes to note the enquiry did not start until 35 minutes after the last race and it was of concern that Mr Booth, who is Mr McNab's agent, was not available to discuss with Mr McNab his upcoming engagements. However it is also incumbent on all riders to be aware of their commitments before attending an enquiry.
Subsequent to the hearing and indeed it was on the following day (Sunday) the JCA was informed that Mr Booth contacted Mr Oatham informing him that Mr McNab had firm commitments at Riccarton on the 16th April. A re hearing regarding the penalty decision was agreed to at the Counties Meeting on 10th April on the basis that new evidence was available as to Mr McNab's engagements on that day and the names of the horses involved would be provided. The committee was satisfied that Mr McNab is engaged to ride horses at Riccarton within the next 7 day period as per rule 1106(2) and granted a deferment to his suspension.
Mr Oatham on behalf on the Stewards submitted that he had no objection to the re hearing regarding the penalty decision but agreed with the committee that it is incumbent on riders to be aware of their future commitments in the next 7 days as per rule 1106(2).
The committee firmly reminded Mr McNab that there needs to be better communication between himself and his agent in the future. We are also mindful that this particular case does not set a precedent for other riders and their agents.
Accordingly Mr McNab's suspension from yesterday is quashed. Mr McNab is now suspended from after racing on the 16th April until after racing on the 28th April (5 Days).
Facts:
Following Race 7 The Team Wealleans 1400 an information was filed pursuant to rule 638(1)(d). The informant Mr Oatham alleged that near the 1100 metres Mr M McNab allowed his mount MISS FOXWOOD to shift in when not sufficiently clear of RIDING SHOTGUN (Miss A Collett) which was checked.
The rule reads as follows: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Robinson demonstrated the video films pointing out MISS FOXWOOD racing in a 3 wide position, with RIDING SHOTGUN racing behind her approaching the 1100 metres. He then showed Mr McNab angling his mount in to obtain a 1 off position but in doing so move into the line of RIDING SHOTGUN when only a bare length clear of that runner. Mr Robinson said this caused Miss Collett to check her mount and lose ground which also affected the running of LATE DECISION which was racing behind her. He conceded RIDING SHOTGUN may have over reacted to the incident but Mr McNab was definitely not the required distance clear.
Mr McNab when asked for submissions said he had nothing to say.
Submissions for Penalty:
Mr Oatham said the Stewards were concerned with Mr McNab's record which showed 8 suspensions in the last 12 months. He said today's breach was not the worst case but Mr McNab was not the required distance clear of Miss Collett when moving in. He admitted there was some mitigation as Miss Collett's mount may have over reacted to being checked as it was racing fiercely at the time. Mr Oatham said the Stewards believed Mr McNab's carelessness was in the low to mid range and reminded the committee the race was worth $40,000 and to also consider Mr McNab's poor record. He said he would leave it to the committee to deliver an appropriate penalty based on these factors.
Mr McNab had nothing to say regarding penalty. However when questioned by the committee as to his up coming commitments he said he was unable to contact his agent Mr Booth but thought he would have rides at Rotorua on the 13th April and any proposed suspension could start after that race meeting. When questioned further as to whether he intended riding at Dunedin on the 14th April he said no. He confirmed to the committee that he had only ridden once recently in the South Island and that was on the 21st February in a feature meeting on a Sunday, so said he was satisfied to be classed as a North Island rider on this occasion.
Reasons for Penalty:
The committee carefully considered all the submissions and evidence as presented. The mitigating facts in this charge are Mr McNab's admission of the breach and to a lesser degree the over reaction of Miss Collett's mount when being checked. However the compelling aggravating factor is Mr McNab's record which the committee considers to be very poor and an obvious concern. Clearly he was not the required distance clear of Miss Collett when moving in which resulted in her receiving a check. The committee finds Mr McNab's carelessness to be in the low to mid range.
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: 0109e94994c4530d63ac71fcc56bae52
informantnumber: 6951
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 10/04/2016
hearing_title: R Te Aroha 9 April 2016 - R 7 - Chair, Mr R Seabrook
charge:
facts:
Following Race 7 The Team Wealleans 1400 an information was filed pursuant to rule 638(1)(d). The informant Mr Oatham alleged that near the 1100 metres Mr M McNab allowed his mount MISS FOXWOOD to shift in when not sufficiently clear of RIDING SHOTGUN (Miss A Collett) which was checked.
The rule reads as follows: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Robinson demonstrated the video films pointing out MISS FOXWOOD racing in a 3 wide position, with RIDING SHOTGUN racing behind her approaching the 1100 metres. He then showed Mr McNab angling his mount in to obtain a 1 off position but in doing so move into the line of RIDING SHOTGUN when only a bare length clear of that runner. Mr Robinson said this caused Miss Collett to check her mount and lose ground which also affected the running of LATE DECISION which was racing behind her. He conceded RIDING SHOTGUN may have over reacted to the incident but Mr McNab was definitely not the required distance clear.
Mr McNab when asked for submissions said he had nothing to say.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Oatham said the Stewards were concerned with Mr McNab's record which showed 8 suspensions in the last 12 months. He said today's breach was not the worst case but Mr McNab was not the required distance clear of Miss Collett when moving in. He admitted there was some mitigation as Miss Collett's mount may have over reacted to being checked as it was racing fiercely at the time. Mr Oatham said the Stewards believed Mr McNab's carelessness was in the low to mid range and reminded the committee the race was worth $40,000 and to also consider Mr McNab's poor record. He said he would leave it to the committee to deliver an appropriate penalty based on these factors.
Mr McNab had nothing to say regarding penalty. However when questioned by the committee as to his up coming commitments he said he was unable to contact his agent Mr Booth but thought he would have rides at Rotorua on the 13th April and any proposed suspension could start after that race meeting. When questioned further as to whether he intended riding at Dunedin on the 14th April he said no. He confirmed to the committee that he had only ridden once recently in the South Island and that was on the 21st February in a feature meeting on a Sunday, so said he was satisfied to be classed as a North Island rider on this occasion.
reasonsforpenalty:
The committee carefully considered all the submissions and evidence as presented. The mitigating facts in this charge are Mr McNab's admission of the breach and to a lesser degree the over reaction of Miss Collett's mount when being checked. However the compelling aggravating factor is Mr McNab's record which the committee considers to be very poor and an obvious concern. Clearly he was not the required distance clear of Miss Collett when moving in which resulted in her receiving a check. The committee finds Mr McNab's carelessness to be in the low to mid range.
penalty:
In assessing penalty we have not taken into account the race was worth $40,000 as we do not consider this to be of any note. The committee has adopted 5 days as a starting point before delivering an appropriate penalty. After taking all the above into account we would normally impose a 6 day suspension for today's offence. However as this period includes a Premier Group 1 day at Ellerslie on the 23rd April, the committee in recognition of this, has reduced the suspension to one of 5 days.
Accordingly and under the provisions of Rule 1106(2) Mr McNab is suspended from after racing on the 13th April until after racing on the 23rd April (5 Days).
The committee explained to Mr McNab that because of the factors involved in this case, namely his poor record, the penalty did not warrant a fine and a suspension.
The committee wishes to note the enquiry did not start until 35 minutes after the last race and it was of concern that Mr Booth, who is Mr McNab's agent, was not available to discuss with Mr McNab his upcoming engagements. However it is also incumbent on all riders to be aware of their commitments before attending an enquiry.
Subsequent to the hearing and indeed it was on the following day (Sunday) the JCA was informed that Mr Booth contacted Mr Oatham informing him that Mr McNab had firm commitments at Riccarton on the 16th April. A re hearing regarding the penalty decision was agreed to at the Counties Meeting on 10th April on the basis that new evidence was available as to Mr McNab's engagements on that day and the names of the horses involved would be provided. The committee was satisfied that Mr McNab is engaged to ride horses at Riccarton within the next 7 day period as per rule 1106(2) and granted a deferment to his suspension.
Mr Oatham on behalf on the Stewards submitted that he had no objection to the re hearing regarding the penalty decision but agreed with the committee that it is incumbent on riders to be aware of their future commitments in the next 7 days as per rule 1106(2).
The committee firmly reminded Mr McNab that there needs to be better communication between himself and his agent in the future. We are also mindful that this particular case does not set a precedent for other riders and their agents.
Accordingly Mr McNab's suspension from yesterday is quashed. Mr McNab is now suspended from after racing on the 16th April until after racing on the 28th April (5 Days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr M McNab rider of Miss Foxwood
Otherperson: Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: af78bf67767652c99e4c7b67ac7abc62
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4 R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 400e0bec7be015565146dcad63bfa88d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/04/2016
meet_title: Racing Te Aroha - 9 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: ADooley
meet_pm2: none
name: Racing Te Aroha