R Tauranga 11 December 2015 – R 2 – Chair, Mr A Dooley
ID: JCA13946
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 11 December 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/12/11
Race Number:
R2
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
Penalty:
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 19 December and conclude after racing on 28 December 2015 (4 days).
That period of suspension encompasses meetings at New Plymouth, Ellerslie, Rotorua and Ellerslie.
Facts:
Following the running of race 2, Gartshore Construction 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr McNab angled HOLD ON out passing the 200 metres causing MY ALAYNE (T Thornton) to be checked losing ground.
When the Stipendiary Stewards served the Information of Mr McNab he declined to make a plea. At the commencement of the hearing Mr McNab advised the Committee that he admitted the breach and endorsed the Information.
Mr McNab acknowledged that he understood the Rule.
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 the incident using all the available video films. He showed on the head – on film that Mr McNab came to the outside of PASABAHCE and in doing so he moved into the running line of MY ALAYNE. He said that Mr McNab angled out into a marginal run and noted that Mr Elliot the rider of PASABAHCE was maintaining a straight line. He added that subsequent to Ms Thornton checking her mount Mr Elliot did move out slightly but this had no bearing on the culpability of Mr McNab.
Mr McNab conceded to the Committee that he did move out into a marginal gap which did not come off. He added his mount was having just its second start in a race.
Submissions for Penalty:
Mr Williamson produced Mr McNab’s record which showed 7 previous breaches under this Rule in the last 12 months the most recent being 5 December which incurred a 5 day suspension. He submitted today’s breach was in the low to mid – range and acknowledged that Mr McNab took a chance on marginal run which resulted in Mrs Thornton being checked. He submitted an appropriate penalty would be a suspension of 4 to 6 days.
Mr McNab told the Committee that he had commitments all over the Christmas period and intended to ride all over the country. He submitted that he took a chance and on this occasion it did not come off.
In response to a question from the Committee, Mr McNab admitted that he had not ridden at Gore previously and he did not have any engagements for the upcoming meeting on the 20th of December at Gore. For these reasons Gore was not included in the penalty.
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
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 we assessed the level of carelessness was more towards the low end than mid – range. However, this has to be balanced against Mr McNab's record which we assess as poor and an aggravating factor.
Normally this type of breach would incur a 5 day suspension however the Committee have factored into the penalty the fact that Mr McNab will not be riding at Ellerslie on 26 December which is an Iconic day. We consider this date warrants a 1 day reduction in penalty given the significant prize money on offer.
After taking into account all the above factors the Committee considers an appropriate suspension is 4 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: 838e38a3a4a1c5942539c39f4c377759
informantnumber: A7573
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2015
hearing_title: R Tauranga 11 December 2015 - R 2 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 2, Gartshore Construction 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr McNab angled HOLD ON out passing the 200 metres causing MY ALAYNE (T Thornton) to be checked losing ground.
When the Stipendiary Stewards served the Information of Mr McNab he declined to make a plea. At the commencement of the hearing Mr McNab advised the Committee that he admitted the breach and endorsed the Information.
Mr McNab acknowledged that he understood the Rule.
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 the incident using all the available video films. He showed on the head – on film that Mr McNab came to the outside of PASABAHCE and in doing so he moved into the running line of MY ALAYNE. He said that Mr McNab angled out into a marginal run and noted that Mr Elliot the rider of PASABAHCE was maintaining a straight line. He added that subsequent to Ms Thornton checking her mount Mr Elliot did move out slightly but this had no bearing on the culpability of Mr McNab.
Mr McNab conceded to the Committee that he did move out into a marginal gap which did not come off. He added his mount was having just its second start in a race.
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 7 previous breaches under this Rule in the last 12 months the most recent being 5 December which incurred a 5 day suspension. He submitted today’s breach was in the low to mid – range and acknowledged that Mr McNab took a chance on marginal run which resulted in Mrs Thornton being checked. He submitted an appropriate penalty would be a suspension of 4 to 6 days.
Mr McNab told the Committee that he had commitments all over the Christmas period and intended to ride all over the country. He submitted that he took a chance and on this occasion it did not come off.
In response to a question from the Committee, Mr McNab admitted that he had not ridden at Gore previously and he did not have any engagements for the upcoming meeting on the 20th of December at Gore. For these reasons Gore was not included in the penalty.
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
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 we assessed the level of carelessness was more towards the low end than mid – range. However, this has to be balanced against Mr McNab's record which we assess as poor and an aggravating factor.
Normally this type of breach would incur a 5 day suspension however the Committee have factored into the penalty the fact that Mr McNab will not be riding at Ellerslie on 26 December which is an Iconic day. We consider this date warrants a 1 day reduction in penalty given the significant prize money on offer.
After taking into account all the above factors the Committee considers an appropriate suspension is 4 days.
penalty:
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 19 December and conclude after racing on 28 December 2015 (4 days).
That period of suspension encompasses meetings at New Plymouth, Ellerslie, Rotorua and Ellerslie.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Willamson-Stipendiary Steward
JockeysandTrainer: Mr M McNab - Licensed Rider
Otherperson: Mr A Coles -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 38d6e711dc559bcebabff148a713fca6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 58e22cdf6040b90ab87f49d83b5208e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/12/2015
meet_title: Racing Tauranga - 11 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Racing Tauranga