Matamata RC 26 July 2017 – R 2 – Chair, Mr A Dooley
ID: JCA14344
Code:
Thoroughbred
Meet Title:
Matamata RC - 26 July 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2017/07/26
Race Number:
R2
Decision:
As Mr McNab admitted the breach the Committee found the charge proved.
Penalty:
Mr McNab was fined the sum of $350.
Facts:
Prior to the running of race 2, Matamata Hire 1200, an Information was filed pursuant to Rule 330 (3)(c). The Informant, Mr Williamson, alleged that Mr McNab failed to make the contracted weight for EN SOIE.
Mr McNab acknowledged that he understood the Rule and admitted the breach.
Rule 330(3)(c) provides: “A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.
Mr Williamson advised that Mr McNab failed to make the contracted weight of 55.5 kgs on EN SOIE. He said that Mr McNab advised the Stewards at 11 am today that he would be unable to make the contracted weight. He said that Mr McKay was the replacement rider of EN SOIE.
Mr McNab said that he had a recent holiday to get his body right and he has been going to the gym twice a day in the last 2 weeks. He said that he had advised Mr Richardson, the Co -Trainer of EN SOIE that he may struggle to make the weight.
In response to a question from the Committee, Mr McNab advised that he was 1 kg over the contracted weight.
Submissions for Penalty:
Mr Williamson said that today was Mr McNab’s 4th breach of this Rule within the last 120 days.
6 May - $200 fine
20 May - $300 fine
10 June - $350 fine
He said today’s circumstances were different in that Mr McNab had been on holiday and he had been working hard on his weight. He said that the connections of EN SOIE were not disadvantaged by the replacement rider and the breach occurred in a maiden 2 year old race.
The Committee raised concerns with Mr Williamson regarding the betting public who had invested on Mr McNab on the TAB or the Jockey’s challenge. Mr Williamson’s response was that he had not checked the betting figures on the race.
Mr Williamson added that Mr McNab had lost his riding fee of $143 and his riding percentage with EN SOIE finishing in 3rd place. He submitted that a fine in the vicinity of $200 should be imposed.
Mr McNab said that he agreed with Mr Williamson’s submissions and stated that he had the same weight problems around this time last year and it was a problem that he had to fix.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee does have some sympathy with Mr McNab’s situation regarding his weight. We were mindful that Mr McNab has struggled with weight issues in the past and we note that the JCA listing of penalties show that today was his 8th breach since May 2016.
The Committee notes that Mr McNab, a Senior Rider, was replaced by Mr McKay an Apprentice Rider.
The aggravating fact was that Mr McNab incurred a $350 fine when unable to make the contracted weight on 10 June for 1 ride and today was his 4th breach of this Rule within the last the 3 months.
The mitigating fact was Mr McNab’s admission of the breach.
The Committee referred to the JCA listing of penalties which showed that numerous Riders had breached this Rule. It is significant to note that there was no evidence of any Rider receiving a discount from their previous penalty. Therefore the Committee considered that it would be inappropriate and inconsistent to impose a fine of less than $350.
The Committee advised Mr McNab that the JCA listing of penalties showed that 2 Senior Riders in the South Island in 2016 had incurred suspensions when failing to make the contracted weight.
In our opinion a $200 fine is only an appropriate figure for a 2nd breach under the Minor Infringement schedule.
After taking into account all of the above the Committee deemed that an appropriate penalty was a $350 fine.
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: 7803e1d5aa809973bbeafc956539f808
informantnumber: A9467
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to make the contracted weight
plea: admitted
penaltyrequired: 1
decisiondate: 27/07/2017
hearing_title: Matamata RC 26 July 2017 - R 2 - Chair, Mr A Dooley
charge:
facts:
Prior to the running of race 2, Matamata Hire 1200, an Information was filed pursuant to Rule 330 (3)(c). The Informant, Mr Williamson, alleged that Mr McNab failed to make the contracted weight for EN SOIE.
Mr McNab acknowledged that he understood the Rule and admitted the breach.
Rule 330(3)(c) provides: “A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.
Mr Williamson advised that Mr McNab failed to make the contracted weight of 55.5 kgs on EN SOIE. He said that Mr McNab advised the Stewards at 11 am today that he would be unable to make the contracted weight. He said that Mr McKay was the replacement rider of EN SOIE.
Mr McNab said that he had a recent holiday to get his body right and he has been going to the gym twice a day in the last 2 weeks. He said that he had advised Mr Richardson, the Co -Trainer of EN SOIE that he may struggle to make the weight.
In response to a question from the Committee, Mr McNab advised that he was 1 kg over the contracted weight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that today was Mr McNab’s 4th breach of this Rule within the last 120 days.
6 May - $200 fine
20 May - $300 fine
10 June - $350 fine
He said today’s circumstances were different in that Mr McNab had been on holiday and he had been working hard on his weight. He said that the connections of EN SOIE were not disadvantaged by the replacement rider and the breach occurred in a maiden 2 year old race.
The Committee raised concerns with Mr Williamson regarding the betting public who had invested on Mr McNab on the TAB or the Jockey’s challenge. Mr Williamson’s response was that he had not checked the betting figures on the race.
Mr Williamson added that Mr McNab had lost his riding fee of $143 and his riding percentage with EN SOIE finishing in 3rd place. He submitted that a fine in the vicinity of $200 should be imposed.
Mr McNab said that he agreed with Mr Williamson’s submissions and stated that he had the same weight problems around this time last year and it was a problem that he had to fix.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee does have some sympathy with Mr McNab’s situation regarding his weight. We were mindful that Mr McNab has struggled with weight issues in the past and we note that the JCA listing of penalties show that today was his 8th breach since May 2016.
The Committee notes that Mr McNab, a Senior Rider, was replaced by Mr McKay an Apprentice Rider.
The aggravating fact was that Mr McNab incurred a $350 fine when unable to make the contracted weight on 10 June for 1 ride and today was his 4th breach of this Rule within the last the 3 months.
The mitigating fact was Mr McNab’s admission of the breach.
The Committee referred to the JCA listing of penalties which showed that numerous Riders had breached this Rule. It is significant to note that there was no evidence of any Rider receiving a discount from their previous penalty. Therefore the Committee considered that it would be inappropriate and inconsistent to impose a fine of less than $350.
The Committee advised Mr McNab that the JCA listing of penalties showed that 2 Senior Riders in the South Island in 2016 had incurred suspensions when failing to make the contracted weight.
In our opinion a $200 fine is only an appropriate figure for a 2nd breach under the Minor Infringement schedule.
After taking into account all of the above the Committee deemed that an appropriate penalty was a $350 fine.
penalty:
Mr McNab was fined the sum of $350.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr M McNab - Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3dc10eef178bdd7bdb4b246f3be6eafc
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: d86d32149684d776de52ff9fd6c05975
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/07/2017
meet_title: Matamata RC - 26 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: matamata-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Matamata RC