Archive Decision

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Waikato RC 5 August 2017 – R 7 – Chair, Mr A Dooley

ID: JCA13889

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr M McNab - Class A Rider

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A9469

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 5 August 2017

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2017/08/05

Race Number:
R7

Decision:

As Mr McNab admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 5 August and conclude after racing on 18 August 2017 (5 days).

That period of suspension encompasses meetings at

10 August – Woodville

12 August – Counties

13 August – Te Aroha

16 August – Ruakaka

18 August - Taupo

Facts:

Following the running of race 7, Lodge Real Estate 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr McNab allowed his mount MASTERCARD to shift in when not clear of QUANTUM which was checked over the concluding stages.

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 Jones used the available video footage to demonstrate the incident. He identified that inside the final 100 metres Mr McNab allowed his mount to shift in 5 to 6 horse widths. He said this resulted in Mr Marzuki the rider of QUANTUM having to check his mount sharply to avoid the heels of MASTERCARD. He said the interference occurred 3 strides before the winning post and at that point MASTERCARD was only ¾ of a length clear of QUANTUM.

Mr McNab said that MASTERCARD was a big green horse and when he had pulled his whip through he felt that his mount had straightened up. He said that he was aware MASTERCARD had shifted in but he thought he was clear of QUANTUM. He added that he didn’t realise he wasn’t clear until it was too late.

Submissions for Penalty:

Mr Williamson produced Mr McNab’s record which showed 4 previous breaches under this Rule in the last 12 months. He said that Mr McNab made an attempt to prevent the interference from occurring but it was too late. He said it was fortunate that QUANTUM finished in 3rd place and added that Mr McNab had allowed his mount to shift in a long way. He described the level of carelessness as mid-range and a suspension in line with that should be imposed.

Mr McNab was forthright and advised the Committee that he had no intention of riding at Christchurch on 9 August and any proposed suspension could start immediately.

Mr Williamson produced Mr McNab’s record which showed that he has a recent history of riding in the Central Districts on Industry days.

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.

The aggravating factors were Mr McNab’s record which we considered to be only fair and it was obvious on the video footage that Mr McNab permitted his mount to shift in abruptly over the final 50 metres when he changed his whip from his left hand to right hand. In doing so this briefly inconvenienced PRODIGAL SUN and then crowded QUANTUM who was badly checked just short of the winning post when it ran out of room. At the point of interference MASTERCARD had shifted in at least 5 horse widths and it was only ¾ of a length clear of QUANTUM. The Committee deemed the level of carelessness to be in the mid-range.

The mitigating fact was Mr McNab’s admission of the breach, albeit it was unsurprising given the compelling evidence.

After taking into account all the above factors the Committee considered 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: 7d1891a7ece2c641fe4507c06e608cbf


informantnumber: A9469


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/08/2017


hearing_title: Waikato RC 5 August 2017 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Lodge Real Estate 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr McNab allowed his mount MASTERCARD to shift in when not clear of QUANTUM which was checked over the concluding stages.

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 Jones used the available video footage to demonstrate the incident. He identified that inside the final 100 metres Mr McNab allowed his mount to shift in 5 to 6 horse widths. He said this resulted in Mr Marzuki the rider of QUANTUM having to check his mount sharply to avoid the heels of MASTERCARD. He said the interference occurred 3 strides before the winning post and at that point MASTERCARD was only ¾ of a length clear of QUANTUM.

Mr McNab said that MASTERCARD was a big green horse and when he had pulled his whip through he felt that his mount had straightened up. He said that he was aware MASTERCARD had shifted in but he thought he was clear of QUANTUM. He added that he didn’t realise he wasn’t clear until it was too late.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNab admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr McNab’s record which showed 4 previous breaches under this Rule in the last 12 months. He said that Mr McNab made an attempt to prevent the interference from occurring but it was too late. He said it was fortunate that QUANTUM finished in 3rd place and added that Mr McNab had allowed his mount to shift in a long way. He described the level of carelessness as mid-range and a suspension in line with that should be imposed.

Mr McNab was forthright and advised the Committee that he had no intention of riding at Christchurch on 9 August and any proposed suspension could start immediately.

Mr Williamson produced Mr McNab’s record which showed that he has a recent history of riding in the Central Districts on Industry days.


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.

The aggravating factors were Mr McNab’s record which we considered to be only fair and it was obvious on the video footage that Mr McNab permitted his mount to shift in abruptly over the final 50 metres when he changed his whip from his left hand to right hand. In doing so this briefly inconvenienced PRODIGAL SUN and then crowded QUANTUM who was badly checked just short of the winning post when it ran out of room. At the point of interference MASTERCARD had shifted in at least 5 horse widths and it was only ¾ of a length clear of QUANTUM. The Committee deemed the level of carelessness to be in the mid-range.

The mitigating fact was Mr McNab’s admission of the breach, albeit it was unsurprising given the compelling evidence.

After taking into account all the above factors the Committee considered an appropriate suspension was 5 days.


penalty:

Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 5 August and conclude after racing on 18 August 2017 (5 days).

That period of suspension encompasses meetings at

10 August – Woodville

12 August – Counties

13 August – Te Aroha

16 August – Ruakaka

18 August - Taupo


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr M McNab - Class A Rider


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 08c63740f037dd973a9ac5456f155ae9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 04c8d2c06481422dea8db00f963a8ee6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/08/2017


meet_title: Waikato RC - 5 August 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Waikato RC