Non Raceday Inquiry – Decision dated 31 May 2013

hearingid: 45fa8888aa8680a1082ad68e9178a90b

informantnumber: A2834

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decisiondate: 31/05/2013

hearing_title: Non Raceday Inquiry - Decision dated 31 May 2013

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Decision:

COUNTIES RACING CLUB 31ST MAY 2013

Rule 801(1)(h)

Names: Mr Michael McNab – Licensed Jockey

Informant: Mr BJ Oliver – Racing Investigator

Information No: A2834

Plea: Admitted

Charge: Breach of Rule 801(1)(h) – Willfully supplying false information.

Evidence:

1.1 An Information was lodged by Racing Investigator Mr BJ Oliver against Licensed Jockey Mr Michael McNab alleging that on the 30th May 2013 at Paeroa Mr McNab willfully supplied false information namely that he had obtained a Medical Clearance to Mr M Williamson Stipendiary Steward.

1.2 Mr McNab was present and advised this Committee that he admitted the breach.

1.3 Rule 801(1)(h) provides:

“A person commits a serious racing offence within the meaning of these Rules who willfully supplies false or misleading information, or makes a false or misleading declaration or statement, respecting any matter connected with racing or otherwise in connection with these Rules to a Tribunal, NZTR or Committee of a Club, a Stipendiary Steward, an Investigator or any other body or tribunal or is knowingly a party to the giving of, false or misleading information or particulars”.

The Rule was read to Mr McNab and he acknowledged that he understood it.

1.4 At the commencement of the Hearing the Committee took the opportunity to explain to Mr McNab that this was a Serious Racing Offence and that there had been a range of penalties previously given for breaches of this Rule. The Committee explained to Mr McNab that the penalties ranged from disqualification for a number of months to fines.

Mr McNab was given the opportunity to adjourn this Hearing but he requested that the Committee deal with the charge today.

1.5 The Committee is sitting at the Counties Racing Club meeting on the 31st of May 2013 and has been asked to deal with this matter during the Meeting.

1.6 Mr Oliver gave evidence and said that on Thursday the 30th of May 2013 Mr McNab rode a number of horses at the Paeroa Trials. Mr McNab was required to furnish a Medical Clearance to the Stipendiary Stewards to enable him to ride at those Trials. Mr Williamson was one of the officiating Stipendiary Stewards at the Trials.

1.7 Mr Oliver then advised that Mr Williamson had told him that at 5.53pm on the 30th of May 2013 he realised that he had not received a Medical Certificate from Mr McNab and he rang him about it. Mr McNab told Mr Williamson that he did have a Medical Clearance but he thought that it wasn’t needed so he threw it out the window on his way home. He was asked by Mr Williamson to produce a copy of that Medical Clearance.

1.8 On today’s date the 31st of May 2013 Mr McNab has provided a Medical Certificate to Mr Williamson and that Certificate was dated the 31st of May 2013.

1.9 Mr Oliver said that when he questioned Mr McNab that he, Mr McNab, admitted that he had not attended the Doctor prior to riding at the Trials, he had only seen him this morning.

1.10 Mr Oliver said that in explanation Mr McNab told him that he had panicked when Mr Williamson had phoned and he told him he had a Certificate when in fact he didn’t.

1.11 Mr McNab for his part acknowledged that he did not get the Medical Certificate until today and he said he was sorry for what had occurred. He confirmed that he had panicked when Mr Williamson had telephoned him and he said he thought about ringing Mr Williamson back but unfortunately he didn’t. He also said that he realises that telling the truth would have been the best outcome for him

Decision:

2.1 The charge having been admitted is accordingly proven.

Submission for Penalty:

3.1 Mr Oliver said that Mr McNab had no previous breaches of this Rule and he did point to the fact that Mr McNab realised what he had done wrong and he had also apologised unreservedly for giving false information.

He had admitted the breach and has been fully co-operative.

3.2 Mr Oliver pointed out that the Meeting involved was a Trials Meeting and he submitted that in all the circumstances a fine of $500.00 was appropriate.

3.3 Mr McNab for his part again apologised to Mr Williamson and to the Committee and stated that he had panicked and he has realised the mistake that he has made. He accepts that the fine submitted by Mr Oliver is appropriate.

Reasons for Penalty:

4.1 This is a serious Racing offence and whether it be at a Race Meeting or a Trials Meeting makes no difference as far as the Committee is concerned. Giving false information to a Stipendiary Steward or to any other person referred to in Rule 801(1)(h) cannot be condoned.

4.2 Mr McNab has admitted the breach but in reality he had no other option.

4.3 There are, however, a number of mitigating factors as far as Mr McNab is concerned, one of which is that he has not breached this Rule previously, the second of which is that he has unreservedly apologised for giving false information to Mr Williamson and just as importantly as far as the Committee is concerned is the fact that at the first opportunity he had obtained a Medical Clearance and had presented it to Mr Williamson today. It is also in his favour that the Committee had given him the opportunity to have this matter adjourned but he wanted to face up to the charge today and he accepts whatever penalty is imposed upon him.

4.4 It is the Committee’s view that the fine submitted by Mr Oliver is appropriate.

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penalty:

5.1 The Committee imposes a fine of $500.00 on Mr McNab.

BJ Scott          AJ Dooley
Chairman       Committee Member

hearing_type: Non-race day

Rules: 801(1)

Informant: Mr BJ OLiver - Racing Integrity Investigator

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Respondent: Mr M MCNab - Licensed Jockey

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