Archive Decision

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Canterbury JC 21 September 2019 – R 10 – Chair, Mr S Ching

ID: JCA13326

Applicant:
J McLaughlin- Stipendiary Steward

Respondent(s):
M McNab-Class A Rider

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A11466

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 21 September 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/09/21

Race Number:
R10

Decision:

As Mr McNab admitted that breach the charge was found proved.

Penalty:

Accordingly, Mr McNab’s Class A Jockeys licence is further suspended from 5 October to 16 October inclusive.

Facts:

Following the running of Race 10, the Racecourse Hotel & Motor Lodge Rating 72, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A rider, Mr M McNab, in that he allowed his mount, MISS SCANDINAVIA to shift out forcing GRAND RIO outwards onto SAVAPAK which was crowded and checked passing the 500m.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr McNab had indicated on the Information that this breach of the Rules was admitted which he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.

Mr McLaughlin with the assistance of Stipendiary Steward, Mr Davidson, gave evidence and used video coverage to show that approaching the 500m, MISS SCANDINAVIA, ridden by Mr McNab was racing beyond mid-field and on the rail, with GRAND RIO, ridden by Miss J Fawcett and SAVAPAK, ridden by Mr J Laking, on his outer. Mr Davidson pointed out Mr McNab, at the 500m, shifting outwards when not clear of these two runners forcing them wider, causing SAVAPAK to be crowded and checked.

Mr McNab said that an opportunity to come one off presented itself, but he probably gave his mount “too much of a dig” to utilise this opportunity. This, he said, put him on the heels of TAPONISME and nowhere to go. Mr McNab said he should have known better and had run himself up onto heels to a point where he had to come out to avoid those heels which caused the incident.

Submissions for Penalty:

Mr McLaughlin stated that there was a fine line between competitive riding and careless riding. He submitted that this breach was mid-range with Mr McNab’s record showing a breach on 23 March 2019 at Tauranga where he received a 7-day suspension and a fine in a Group 2 race with this being the second breach for Mr McNab at today’s meeting. Mr McNab had been suspended for 6 National days for this earlier breach, suspended until 4 October 2019 inclusive. The only mitigating factor, he said, was his frank admission of the breach.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of an 8 National day suspension for a mid -range breach of this rule. We agreed with the Stewards and assessed this breach as mid-range, therefore adopting an 8-day starting point. The aggravating factor was that this was the second breach on this race day, under this rule for Mr McNab. We determined that an uplift in penalty was warranted which we set at 1 day. The mitigating factor was Mr McNab’s frank admission of the breach for which a discount is afforded. This discount we set at 1 day.

We therefore determined that an 8-day suspension is an appropriate penalty in this case.

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: 625c025abb0f497a68410ea3ba41ddb5


informantnumber: A11466


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 23/09/2019


hearing_title: Canterbury JC 21 September 2019 - R 10 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 10, the Racecourse Hotel & Motor Lodge Rating 72, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A rider, Mr M McNab, in that he allowed his mount, MISS SCANDINAVIA to shift out forcing GRAND RIO outwards onto SAVAPAK which was crowded and checked passing the 500m.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr McNab had indicated on the Information that this breach of the Rules was admitted which he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.

Mr McLaughlin with the assistance of Stipendiary Steward, Mr Davidson, gave evidence and used video coverage to show that approaching the 500m, MISS SCANDINAVIA, ridden by Mr McNab was racing beyond mid-field and on the rail, with GRAND RIO, ridden by Miss J Fawcett and SAVAPAK, ridden by Mr J Laking, on his outer. Mr Davidson pointed out Mr McNab, at the 500m, shifting outwards when not clear of these two runners forcing them wider, causing SAVAPAK to be crowded and checked.

Mr McNab said that an opportunity to come one off presented itself, but he probably gave his mount “too much of a dig” to utilise this opportunity. This, he said, put him on the heels of TAPONISME and nowhere to go. Mr McNab said he should have known better and had run himself up onto heels to a point where he had to come out to avoid those heels which caused the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNab admitted that breach the charge was found proved.


sumissionsforpenalty:

Mr McLaughlin stated that there was a fine line between competitive riding and careless riding. He submitted that this breach was mid-range with Mr McNab’s record showing a breach on 23 March 2019 at Tauranga where he received a 7-day suspension and a fine in a Group 2 race with this being the second breach for Mr McNab at today’s meeting. Mr McNab had been suspended for 6 National days for this earlier breach, suspended until 4 October 2019 inclusive. The only mitigating factor, he said, was his frank admission of the breach.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of an 8 National day suspension for a mid -range breach of this rule. We agreed with the Stewards and assessed this breach as mid-range, therefore adopting an 8-day starting point. The aggravating factor was that this was the second breach on this race day, under this rule for Mr McNab. We determined that an uplift in penalty was warranted which we set at 1 day. The mitigating factor was Mr McNab’s frank admission of the breach for which a discount is afforded. This discount we set at 1 day.

We therefore determined that an 8-day suspension is an appropriate penalty in this case.


penalty:

Accordingly, Mr McNab’s Class A Jockeys licence is further suspended from 5 October to 16 October inclusive.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J McLaughlin- Stipendiary Steward


JockeysandTrainer: M McNab-Class A Rider


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b0d74406291b4dd466803e57e8e0f42b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c2cb696618e2c97839f995a2c90705a3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/09/2019


meet_title: Canterbury JC - 21 September 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury JC