Avondale JC 15 November 2016 – R 1 – Chair, Mr A Dooley
ID: JCA13016
Code:
Thoroughbred
Meet Title:
Avondale JC - 15 November 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/11/15
Race Number:
R1
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
Penalty:
The Committee 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 19 November and conclude after racing on 26 November 2016 (5 days).
That period of suspension encompasses meetings at
20 November – Te Rapa
23 November – Te Aroha
24 November – Te Awamutu
25 November – Otaki (Premier 2)
26 November – Ellerslie (Premier 2) or Wanganui
Facts:
Following the running of race 1, Avondale Maiden, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr McNab permitted his mount RAY’S LEGACY to shift outwards when not sufficiently clear crowding BELLA ROCCIA (Ms A Collett) which was checked near the 450 metres.
Mr McNab acknowledged that he understood 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 demonstrated the incident using the available video footage. He identified that Mr McNab was trying to maintain his position on the inside of BELLA ROCCIA. He pointed out where Mr McNab allowed his mount to shift out near the 450 metres and into the running line of BELLA ROCCIA. He said in doing so that put Ms Collett in a tight position. He said that Mr McNab had a duty of care to take a hold of his mount when shifting away from the rail. He said the Stewards concede that RAY’S LEGACY was racing greenly and hanging out during the race. He stated that Mr McNab did take a hold of his mount but it was too late.
Mr McNab said that he agreed with Mr Williamson’s interpretation of the incident. He said that he moved out and put Ms Collett in a tight place. He said that he tried to get his mount off one rein and acknowledged that his corrective action was too late.
Submissions for Penalty:
Mr Coles produced Mr McNab's record which showed 6 previous breaches under this Rule in the last 12 months. He advised that Mr McNab’s last careless riding breach occurred in April 2016 and the Stewards were aware that Mr McNab had gone through a “bad patch”. He said Mr McNab should be given credit for his recent improved record. Mr Coles submitted a 4 day suspension.
Mr McNab advised that he had upcoming engagements at Counties on 19 November and sought a deferment to any proposed suspension. He confirmed that he had spoken to his Agent and acknowledged that in the past he had a bad record. Mr McNab added he was trying hard to clean up his riding.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr McNab’s admission of the breach and the level of carelessness was towards the low end of the scale for which he was given a 1 day discount.
The Committee accepts that Mr McNab’s last breach occurred in April 2016. However, this does not eliminate the fact that his record over the last 12 months is poor especially in comparison to other Class A riders. We deemed this to be an aggravating fact for which a 1 day uplift was applied.
When reviewing the video footage it was clear that Mr McNab had come from approximately ¾ of a length behind Ms Collett passing the 500 metres. It was evident when Mr McNab shifted out into Ms Collett’s rightful running line he was only about a neck in front of her. This resulted in Ms Collett having to take a firm hold and restrain her mount when crowded for room. In our opinion the video footage does not support that RAY’S LEGACY was racing greenly or laying out at the time of the incident.
In assessing penalty the Committee had regard for the fact that Mr McNab would miss 2 Premier 2 race meetings.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
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: 36c3a0e3ac3f8a8e10c84444d8a6861d
informantnumber: A7883
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 16/11/2016
hearing_title: Avondale JC 15 November 2016 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Avondale Maiden, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr McNab permitted his mount RAY’S LEGACY to shift outwards when not sufficiently clear crowding BELLA ROCCIA (Ms A Collett) which was checked near the 450 metres.
Mr McNab acknowledged that he understood 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 demonstrated the incident using the available video footage. He identified that Mr McNab was trying to maintain his position on the inside of BELLA ROCCIA. He pointed out where Mr McNab allowed his mount to shift out near the 450 metres and into the running line of BELLA ROCCIA. He said in doing so that put Ms Collett in a tight position. He said that Mr McNab had a duty of care to take a hold of his mount when shifting away from the rail. He said the Stewards concede that RAY’S LEGACY was racing greenly and hanging out during the race. He stated that Mr McNab did take a hold of his mount but it was too late.
Mr McNab said that he agreed with Mr Williamson’s interpretation of the incident. He said that he moved out and put Ms Collett in a tight place. He said that he tried to get his mount off one rein and acknowledged that his corrective action was too late.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr McNab's record which showed 6 previous breaches under this Rule in the last 12 months. He advised that Mr McNab’s last careless riding breach occurred in April 2016 and the Stewards were aware that Mr McNab had gone through a “bad patch”. He said Mr McNab should be given credit for his recent improved record. Mr Coles submitted a 4 day suspension.
Mr McNab advised that he had upcoming engagements at Counties on 19 November and sought a deferment to any proposed suspension. He confirmed that he had spoken to his Agent and acknowledged that in the past he had a bad record. Mr McNab added he was trying hard to clean up his riding.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr McNab’s admission of the breach and the level of carelessness was towards the low end of the scale for which he was given a 1 day discount.
The Committee accepts that Mr McNab’s last breach occurred in April 2016. However, this does not eliminate the fact that his record over the last 12 months is poor especially in comparison to other Class A riders. We deemed this to be an aggravating fact for which a 1 day uplift was applied.
When reviewing the video footage it was clear that Mr McNab had come from approximately ¾ of a length behind Ms Collett passing the 500 metres. It was evident when Mr McNab shifted out into Ms Collett’s rightful running line he was only about a neck in front of her. This resulted in Ms Collett having to take a firm hold and restrain her mount when crowded for room. In our opinion the video footage does not support that RAY’S LEGACY was racing greenly or laying out at the time of the incident.
In assessing penalty the Committee had regard for the fact that Mr McNab would miss 2 Premier 2 race meetings.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
penalty:
The Committee 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 19 November and conclude after racing on 26 November 2016 (5 days).
That period of suspension encompasses meetings at
20 November – Te Rapa
23 November – Te Aroha
24 November – Te Awamutu
25 November – Otaki (Premier 2)
26 November – Ellerslie (Premier 2) or Wanganui
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles -Stipendiary Steward
JockeysandTrainer: Mr M McNab - Rider of RAY'S LEGACY
Otherperson: Mr M Williamson - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e99052a8e369123b27527dc39e4f2859
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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meetid: 284b8f652e845f63ddb48bb506faef59
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meetdate: 15/11/2016
meet_title: Avondale JC - 15 November 2016
meet_expappcomment:
meet_km:
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tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Avondale JC