Auckland RC 15 June 2013 – R 5
ID: JCA11450
Code:
Thoroughbred
Meet Title:
Auckland RC - 15 June 2013
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2013/06/15
Race Number:
R5
Decision:
The Committee note that “interference” is defined as: a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing.
Because Mr McNab was not the required distance clear of I DREAM OF JEANNIE when moving in, we find the charge proved.
Penalty:
We grant Mr McNab's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr McNab which will commence after racing on 19 June and conclude after racing on 29 June 2013 (6 days).
The penalty did not include any South Island meetings as Mr McNab confirmed that he did not intend riding at any upcoming South Island meetings.
Charge:
Careless Riding
Facts:
Following race 5, Shamrock Group 1400, an information was lodged pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr McNab angled BORRETT BOY inwards shortly after the start checking I DREAM OF JEANNIE which lost its position.
Mr McNab acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) states : A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless".
Submissions for Decision:
Mr McIntyre demonstrated the incident using all the available video films. He pointed out to the Committee that shortly after the start Mr McNab angled his mount in and put pressure on Ms Wenn's mount on his inside. He submitted that Mr McNab was only a bare length clear of Ms Wenn which caused her to pull back and lose 2 to 3 lengths.
Mr McNab did not wish to cross examine Mr McIntyre.
Mr Williamson then called Ms Wenn as a witness. She submitted that Mr McNab came across sharply soon after the start when only ½ a length clear. This caused her to take a hold of her mount and lose ground as a consequence.
Mr McNab did not wish to cross examine Ms Wenn.
In response to a question from the Committee, Mr Wenn advised us that she called out to Mr McNab, which he confirmed.
Mr McNab submitted to the Committee he did not believe the charge should have been lodged.
Mr McNab believed he relieved the pressure on Ms Wenn’s mount as soon as she called out. His assessment of the incident was that Ms Wenn checked her mount when he was clear of I DREAM OF JEANNIE.
In response to a question from the Committee, as to the distance he was clear of Ms Wenn when the alleged interference occurred, Mr McNab conceded that he was ¾ of a length clear.
Mr Williamson in summing up submitted the evidence of Mr McIntyre and Ms Wenn both confirmed that Mr McNab was never the required distance clear of I DREAM OF JEANNIE when angling in. He said Ms Wenn lost several lengths as a result of the interference. He concluded by saying that Mr McNab never relieved the pressure on Ms Wenn’s mount.
Mr McNab in summing up maintained that he did release the pressure when angling in. He reiterated that he should not have been charged for this alleged breach.
Reasons for Decision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films frame by frame several times we established that shortly after the start Mr McNab angled his mount in on a sharp angle. In doing so he was a bare length clear of I DREAM OF JEANNIE who had its rightful running line dictated. This resulted in Ms Wenn having to take a strong hold of her mount which reacted by getting its head up in the air and losing several lengths.
We also observed that REEPERBAHN and COOLIBAH were hampered as a result of Ms Wenn being checked by Mr McNab’s inward movement shortly after the start.
Submissions for Penalty:
Mr Williamson produced Mr McNab's record which showed 5 previous breaches under this rule in the last 12 months. He said Mr McNab had a clear record for the preceding 5 months however his record prior to that period was only fair. He submitted Ms Wenn lost a significant amount of ground because of the interference and submitted the breach was in the low to mid range. He believed a 4 to 6 day suspension would be an appropriate penalty.
Mr McNab submitted to the Committee that he had firm commitments up to and including the 19th of June and confirmed he rode only in the North Island. He requested a deferment to his proposed suspension.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The Committee is of the view there are no mitigating factors in this case. The aggravating factors are Mr McNab's record which we assess as being poor with today being his 6th breach in the last 12 months and we assess the interference to Ms Wenn's mount as significant which resulted in I DREAM OF JEANNIE losing at least 2 lengths.
We also noted when reviewing the head on film frame by frame that 2 other horses were hampered as a result of Mr McNab’s carelessness.
We independently assess the level of carelessness as low to mid range.
The Committee explained to Mr McNab that we acknowledge he had a clear record for the preceding 5 months however, informed him that all Committee’s base their penalties on a 12 month period. As stated above 6 breaches in 12 months can only be described as a poor record.
After taking into account all the above factors we independently assess an appropriate penalty is a 6 day suspension.
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: 1f6083bf2a507c0f7b8f36bf554b7375
informantnumber: A4101
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 31/05/2013
hearing_title: Auckland RC 15 June 2013 - R 5
charge:
Careless Riding
facts:
Following race 5, Shamrock Group 1400, an information was lodged pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr McNab angled BORRETT BOY inwards shortly after the start checking I DREAM OF JEANNIE which lost its position.
Mr McNab acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) states : A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless".
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre demonstrated the incident using all the available video films. He pointed out to the Committee that shortly after the start Mr McNab angled his mount in and put pressure on Ms Wenn's mount on his inside. He submitted that Mr McNab was only a bare length clear of Ms Wenn which caused her to pull back and lose 2 to 3 lengths.
Mr McNab did not wish to cross examine Mr McIntyre.
Mr Williamson then called Ms Wenn as a witness. She submitted that Mr McNab came across sharply soon after the start when only ½ a length clear. This caused her to take a hold of her mount and lose ground as a consequence.
Mr McNab did not wish to cross examine Ms Wenn.
In response to a question from the Committee, Mr Wenn advised us that she called out to Mr McNab, which he confirmed.
Mr McNab submitted to the Committee he did not believe the charge should have been lodged.
Mr McNab believed he relieved the pressure on Ms Wenn’s mount as soon as she called out. His assessment of the incident was that Ms Wenn checked her mount when he was clear of I DREAM OF JEANNIE.
In response to a question from the Committee, as to the distance he was clear of Ms Wenn when the alleged interference occurred, Mr McNab conceded that he was ¾ of a length clear.
Mr Williamson in summing up submitted the evidence of Mr McIntyre and Ms Wenn both confirmed that Mr McNab was never the required distance clear of I DREAM OF JEANNIE when angling in. He said Ms Wenn lost several lengths as a result of the interference. He concluded by saying that Mr McNab never relieved the pressure on Ms Wenn’s mount.
Mr McNab in summing up maintained that he did release the pressure when angling in. He reiterated that he should not have been charged for this alleged breach.
reasonsfordecision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films frame by frame several times we established that shortly after the start Mr McNab angled his mount in on a sharp angle. In doing so he was a bare length clear of I DREAM OF JEANNIE who had its rightful running line dictated. This resulted in Ms Wenn having to take a strong hold of her mount which reacted by getting its head up in the air and losing several lengths.
We also observed that REEPERBAHN and COOLIBAH were hampered as a result of Ms Wenn being checked by Mr McNab’s inward movement shortly after the start.
Decision:
The Committee note that “interference” is defined as: a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing.
Because Mr McNab was not the required distance clear of I DREAM OF JEANNIE when moving in, we find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr McNab's record which showed 5 previous breaches under this rule in the last 12 months. He said Mr McNab had a clear record for the preceding 5 months however his record prior to that period was only fair. He submitted Ms Wenn lost a significant amount of ground because of the interference and submitted the breach was in the low to mid range. He believed a 4 to 6 day suspension would be an appropriate penalty.
Mr McNab submitted to the Committee that he had firm commitments up to and including the 19th of June and confirmed he rode only in the North Island. He requested a deferment to his proposed suspension.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The Committee is of the view there are no mitigating factors in this case. The aggravating factors are Mr McNab's record which we assess as being poor with today being his 6th breach in the last 12 months and we assess the interference to Ms Wenn's mount as significant which resulted in I DREAM OF JEANNIE losing at least 2 lengths.
We also noted when reviewing the head on film frame by frame that 2 other horses were hampered as a result of Mr McNab’s carelessness.
We independently assess the level of carelessness as low to mid range.
The Committee explained to Mr McNab that we acknowledge he had a clear record for the preceding 5 months however, informed him that all Committee’s base their penalties on a 12 month period. As stated above 6 breaches in 12 months can only be described as a poor record.
After taking into account all the above factors we independently assess an appropriate penalty is a 6 day suspension.
penalty:
We grant Mr McNab's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr McNab which will commence after racing on 19 June and conclude after racing on 29 June 2013 (6 days).
The penalty did not include any South Island meetings as Mr McNab confirmed that he did not intend riding at any upcoming South Island meetings.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr M McNab - Licensed Rider of BORRETT BOY
Otherperson: Mr N McIntyre - Co-Chief Stipendiary Steward, Ms M Wenn - Rider of I DREAM OF JEANNIE
PersonPresent:
Respondent:
StipendSteward:
raceid: 4a56722674521205b6a0a802821d87c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 96551d509736a5faa5c2523531d4219d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/06/2013
meet_title: Auckland RC - 15 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Auckland RC