Auckland RC 5 December 2015 – R 5 – Chair, Mr A Dooley
ID: JCA13745
Code:
Thoroughbred
Meet Title:
Auckland RC - 5 December 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/12/05
Race Number:
Race 5
Decision:
As Mr McNab admitted the breach the Committee 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’s had his license to ride in races suspended for a period to commence after racing on 12 December and conclude after racing on 19 December 2015 (5 days).
That period of suspension encompasses meetings at Ellerslie, Matamata, Otaki, Ashburton and Te Rapa.
Facts:
Following the running of race 5, Rentokil Initial 1300, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr McNab allowed VOLKS LIGHTNING to shift in over the concluding stages causing a check to SELFIE (A Collett) which lost ground.
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 Coles identified on the video footage that at the 50 metres VOLKS LIGHTNING was racing about 2 and ½ horse widths off the running rail. He said that Ms Collett had angled for a run to VOLKS LIGHTNING’S inside when that horse shifted in when being ridden forward. He said Mr McNab was probably not aware that SELFIE was racing on his inside. He added that SELFIE was finishing strongly and got to ¾ of a length of VOLKS LIGHTNING when checked close to the finish line.
Mr McNab told the Committee that he was riding hard for the connections and was not aware that Ms Collett was taking a run to his inside. He acknowledged that he shifted in near the finish line but said that his horse was still learning to race. He added that he thought he was clear because Ms Collett did not call out to him.
Submissions for Penalty:
Mr Williamson produced Mr McNab's record which showed 5 previous breaches under this Rule in the last 12 months. The most recent being at Rotorua on 17 November which incurred a 5 day suspension. He said this was not a good record but noted there were a number of horses racing greenly in today’s race. He stated in mitigation VOLKS LIGHTNING did shift away from SOFIA ROSE which was racing greenly on her outside. He described the level of carelessness as mid to low range and submitted a suspension in line with that would be suitable.
Mr McNab advised that he had upcoming engagements at Te Rapa on 12 December, and sought a deferment to any proposed suspension. Mr McNab advised that he was riding all over the country and was on a good roll at present. He believed a 4 day suspension would be appropriate and was mindful that he did not want his weight to balloon.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr McNab’s admission of the breach and the level of carelessness was assessed as low to mid – range with the actual interference occurring 3 strides before the finish line. We accept that SOFIA ROSE was racing greenly which may have contributed to the incident. However, Mr McNab had an obligation to straighten his mount when it was shifting ground inwards near the finish line.
Mr McNab’s record was assessed as only fair and an aggravating factor.
The Committee was satisfied that Mr McNab has a recent history of riding throughout the country and we note that he rode at Riccarton yesterday.
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: 5f5388c180d2dbfcdc97ecc01aee7853
informantnumber: A7568
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 07/12/2015
hearing_title: Auckland RC 5 December 2015 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Rentokil Initial 1300, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr McNab allowed VOLKS LIGHTNING to shift in over the concluding stages causing a check to SELFIE (A Collett) which lost ground.
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 Coles identified on the video footage that at the 50 metres VOLKS LIGHTNING was racing about 2 and ½ horse widths off the running rail. He said that Ms Collett had angled for a run to VOLKS LIGHTNING’S inside when that horse shifted in when being ridden forward. He said Mr McNab was probably not aware that SELFIE was racing on his inside. He added that SELFIE was finishing strongly and got to ¾ of a length of VOLKS LIGHTNING when checked close to the finish line.
Mr McNab told the Committee that he was riding hard for the connections and was not aware that Ms Collett was taking a run to his inside. He acknowledged that he shifted in near the finish line but said that his horse was still learning to race. He added that he thought he was clear because Ms Collett did not call out to him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach the Committee 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. The most recent being at Rotorua on 17 November which incurred a 5 day suspension. He said this was not a good record but noted there were a number of horses racing greenly in today’s race. He stated in mitigation VOLKS LIGHTNING did shift away from SOFIA ROSE which was racing greenly on her outside. He described the level of carelessness as mid to low range and submitted a suspension in line with that would be suitable.
Mr McNab advised that he had upcoming engagements at Te Rapa on 12 December, and sought a deferment to any proposed suspension. Mr McNab advised that he was riding all over the country and was on a good roll at present. He believed a 4 day suspension would be appropriate and was mindful that he did not want his weight to balloon.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr McNab’s admission of the breach and the level of carelessness was assessed as low to mid – range with the actual interference occurring 3 strides before the finish line. We accept that SOFIA ROSE was racing greenly which may have contributed to the incident. However, Mr McNab had an obligation to straighten his mount when it was shifting ground inwards near the finish line.
Mr McNab’s record was assessed as only fair and an aggravating factor.
The Committee was satisfied that Mr McNab has a recent history of riding throughout the country and we note that he rode at Riccarton yesterday.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
penalty:
We grant Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McNab’s had his license to ride in races suspended for a period to commence after racing on 12 December and conclude after racing on 19 December 2015 (5 days).
That period of suspension encompasses meetings at Ellerslie, Matamata, Otaki, Ashburton and Te Rapa.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Willamson-Stipendiary Steward
JockeysandTrainer: Mr M McNab - Rider of VOLKS LIGHTNING
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9889f865ae47a25365587c7589e691fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 80df6bbbf6821e8c8c6b5acf21edb5ab
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/12/2015
meet_title: Auckland RC - 5 December 2015
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