Waikato RC 20 December 2014 – R 1
ID: JCA11853
Code:
Thoroughbred
Meet Title:
Waikato RC - 20 December 2014
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2014/12/20
Race Number:
R1
Decision:
As Mr McNab admitted the breach 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, Mr McNab had his license to ride in races suspended for a period to commence after racing on 26 December and conclude after racing on 31 December 2014 (4 North Island days).
Facts:
Following the running of race 1, White Bros Panelworks & Truck Steering Services 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr McNab shifted outwards on his mount ANNABELINDA rounding the final turn when not sufficiently clear of PRIMA which was checked near the 450 metres.
Mr McNab acknowledged that he understood the nature of the charge, 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 Judicial Committee considers to be careless.
Mr Williamson identified on the video films that near the 450 metres Mr McNab was racing behind the tiring EXOTIC. He said when Mr McNab came off EXOTIC’S heels he was not the required distance clear of PRIMA which as a consequence was checked. He said in mitigation EXOTIC was weakening but stated Mr McNab had an obligation to take a hold of his mount and not move outwards.
Mr McNab told the Committee that he agreed with Mr Williamson's interpretation of the incident. He added his mount was going well and racing a little erratic at the point of the incident.
Submissions for Penalty:
Mr Oatham produced Mr McNab’s record which showed no previous breaches under this Rule in the last 12 months. However, he said Mr McNab had only recently resumed riding after experiencing weight and health issues. He described Mr McNab’s record as a relatively good one and in slight mitigation was the fact that EXOTIC was weakening in front of him. He said the aggravating fact was Mr McNab opted to angle his mount out and ride forward when not the required distance clear. Mr Oatham submitted the level of carelessness was mid-range and a penalty of 4 days would be appropriate.
Mr McNab advised that he had upcoming engagements on December 26, and sought a deferment to any proposed suspension.
Mr McNab confirmed that he rode only in the North Island.
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. The mitigating factors are Mr McNab’s admission of the breach, the level of carelessness we assess as low to mid-range and his good record from limited recent rides. We note Mr McNab angled his mount out when not the required distance clear which resulted in PRIMA being checked. It was clear on the films that Mr McNab was keen to manoeuvre out of a tight position on the point of the turn. To Mr McNab’s credit he acknowledged that he needed to control his enthusiasm and exercise a degree of care and attention in complying with his obligations.
After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.
JCA Decision Fields (raw)
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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: 28193636a87b59c49be1770f4260d7d4
informantnumber: A6865
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2014
hearing_title: Waikato RC 20 December 2014 - R 1
charge:
facts:
Following the running of race 1, White Bros Panelworks & Truck Steering Services 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr McNab shifted outwards on his mount ANNABELINDA rounding the final turn when not sufficiently clear of PRIMA which was checked near the 450 metres.
Mr McNab acknowledged that he understood the nature of the charge, 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 Judicial Committee considers to be careless.
Mr Williamson identified on the video films that near the 450 metres Mr McNab was racing behind the tiring EXOTIC. He said when Mr McNab came off EXOTIC’S heels he was not the required distance clear of PRIMA which as a consequence was checked. He said in mitigation EXOTIC was weakening but stated Mr McNab had an obligation to take a hold of his mount and not move outwards.
Mr McNab told the Committee that he agreed with Mr Williamson's interpretation of the incident. He added his mount was going well and racing a little erratic at the point of the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr McNab’s record which showed no previous breaches under this Rule in the last 12 months. However, he said Mr McNab had only recently resumed riding after experiencing weight and health issues. He described Mr McNab’s record as a relatively good one and in slight mitigation was the fact that EXOTIC was weakening in front of him. He said the aggravating fact was Mr McNab opted to angle his mount out and ride forward when not the required distance clear. Mr Oatham submitted the level of carelessness was mid-range and a penalty of 4 days would be appropriate.
Mr McNab advised that he had upcoming engagements on December 26, and sought a deferment to any proposed suspension.
Mr McNab confirmed that he rode only in the North Island.
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. The mitigating factors are Mr McNab’s admission of the breach, the level of carelessness we assess as low to mid-range and his good record from limited recent rides. We note Mr McNab angled his mount out when not the required distance clear which resulted in PRIMA being checked. It was clear on the films that Mr McNab was keen to manoeuvre out of a tight position on the point of the turn. To Mr McNab’s credit he acknowledged that he needed to control his enthusiasm and exercise a degree of care and attention in complying with his obligations.
After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.
penalty:
We grant Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 26 December and conclude after racing on 31 December 2014 (4 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr M McNab - Rider of ANNABELINDA
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 54e716905953a80bf412b4d06552ed68
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5209298f9007c03720dc7f41c73299da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2014
meet_title: Waikato RC - 20 December 2014
meet_expappcomment:
meet_km:
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tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Waikato RC