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Whakatane RC 17 June 2015 – R 1

ID: JCA14369

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr M McNab - Rider of SIR FRANCIS

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A4569

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whakatane RC - 17 June 2015

Meet Chair:
ADooley

Race Date:
2015/06/17

Race Number:
R1

Decision:

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

Penalty:

Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 21 June and conclude after racing on 27 June 2015 (3 North Island days).

Facts:

Following the running of race 1, HR Fiskens & Sons LTD 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr McNab permitted his mount SIR FRANCIS to shift outwards when not sufficiently clear of TREVITA which had to be steadied to avoid the heels of SIR FRANCIS near the 50 metres.

Mr McNab acknowledged that he understood the nature of the charge, 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 Oatham demonstrated on the video footage that at the top of the straight SIR FRANCIS was wanting to lay out. He identified that Mr McNab pulled his whip through to his left hand then reverted back to his right hand. He pointed out on the head – on film that Mr Cameron had to steady TREVITA for a few strides when SIR FRANCIS took its rightful running line near the 50 metres. He added there was more than an average chance TREVITA may have run 3rd place but for the interference. He added Mr McNab was a bare length clear.

Mr McNab told the Committee that his mount was laying out in the final straight. He said he changed his whip over and believed SIR FRANCIS was getting tired near the finish.

Submissions for Penalty:

Mr Jones produced Mr McNab’s record which showed 2 previous breaches under this Rule in the last 12 months the most recent being May 2 which incurred a 3 day suspension. He said this is a relatively good record. He said the level of interference is low but said the aggravating fact is TREVITA may have finished in 3rd place if the incident had not occurred.

Mr McNab advised that he had upcoming engagements at Te Aroha on 21 June, and sought a deferment to any proposed suspension. He submitted the level of carelessness is low end and confirmed that he is riding regularly in the Central Districts on industry days.

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 are Mr McNab's admission of the breach, the level of carelessness is low end and his good record in relation to this Rule.

The head – on film showed that Mr McNab made an error of judgement by continuing to ride his mount out when it was shifting into the line of TREVITA close to the finish.

The Committee is satisfied that Mr McNab has a recent history of riding in the Central Districts on Industry days.

After taking into account all the above factors the Committee considers an appropriate suspension is 3 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: 7b1ec9dfa223ade9c4925a2ae1e44a1e


informantnumber: A4569


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 18/06/2015


hearing_title: Whakatane RC 17 June 2015 - R 1


charge:


facts:

Following the running of race 1, HR Fiskens & Sons LTD 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr McNab permitted his mount SIR FRANCIS to shift outwards when not sufficiently clear of TREVITA which had to be steadied to avoid the heels of SIR FRANCIS near the 50 metres.

Mr McNab acknowledged that he understood the nature of the charge, 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 Oatham demonstrated on the video footage that at the top of the straight SIR FRANCIS was wanting to lay out. He identified that Mr McNab pulled his whip through to his left hand then reverted back to his right hand. He pointed out on the head – on film that Mr Cameron had to steady TREVITA for a few strides when SIR FRANCIS took its rightful running line near the 50 metres. He added there was more than an average chance TREVITA may have run 3rd place but for the interference. He added Mr McNab was a bare length clear.

Mr McNab told the Committee that his mount was laying out in the final straight. He said he changed his whip over and believed SIR FRANCIS was getting tired near the finish.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Jones produced Mr McNab’s record which showed 2 previous breaches under this Rule in the last 12 months the most recent being May 2 which incurred a 3 day suspension. He said this is a relatively good record. He said the level of interference is low but said the aggravating fact is TREVITA may have finished in 3rd place if the incident had not occurred.

Mr McNab advised that he had upcoming engagements at Te Aroha on 21 June, and sought a deferment to any proposed suspension. He submitted the level of carelessness is low end and confirmed that he is riding regularly in the Central Districts on industry days.


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 are Mr McNab's admission of the breach, the level of carelessness is low end and his good record in relation to this Rule.

The head – on film showed that Mr McNab made an error of judgement by continuing to ride his mount out when it was shifting into the line of TREVITA close to the finish.

The Committee is satisfied that Mr McNab has a recent history of riding in the Central Districts on Industry days.

After taking into account all the above factors the Committee considers an appropriate suspension is 3 days.


penalty:

Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 21 June and conclude after racing on 27 June 2015 (3 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr M McNab - Rider of SIR FRANCIS


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 17/06/2015


meet_title: Whakatane RC - 17 June 2015


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name: Whakatane RC