Canterbury JC 22 September 2012 – R 3
ID: JCA14472
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 22 September 2012
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Race Date:
2012/09/22
Race Number:
R3
Decision:
As Mr McNab has admitted the breach of the rule it is deemed to be proved.
Penalty:
Mr McNab is suspended from race riding for 5 days. As riders have been declared for the meetings at Gisborne (23rd September) and Timaru (24th September) the suspension will commence on Tuesday 25th September 2012 and conclude at the end of racing on Saturday 29th September 2012. That will encompass meetings at Otaki, Dunedin, Waverly, Te Aroha and Auckland.
Charge:
Alleged that "Contador" (M McNab) shifted inwards when not clear approaching the 250 metres causing "Supavino" (S Collett) and "Emm Gee" (L McGregor) to check and lose their rightful line of running.
Facts:
As the field approached the 250 metres point, Mr McNab on "Contador" was racing in a three wide position on the outside of "Supavino" (S Collett). "Emm Gee" (L McGregor) was racing on the rails behind "Supavino" but one off the rails, and with a gap inside which may have provided sufficient room for a rails run for "Emm Gee".
Mr McNab then shifted his mount across the line of "Supavino" when not his own length and another horse length clear. "Supavino" was forced across as a result and "Emm Gee" was also deprived of its running line, and received a check from "Supavino" in the process."Emm Gee" then had to come off the heels of "Supavino" and to go around it on the outside and then proceeded to make up ground.
Submissions for Decision:
The Stipendiary Stewards submitted that Mr McNab was careless in terms of his inwards movement when not sufficiently clear.
Mr McNab (assisted by Mr S Kennedy) submitted that Ms McGregor was not driving her horse up into the gap that was available, even though it was a tight gap. He said that Ms McGregor was holding back and that the check to her was minimal. He readily conceded that he was not his own horse length and another length clear of "Supavino". He added that "Supavino" was "going backwards" as it was tiring rapidly. Thus he believed that his degree of carelessness was minimal.
The Stipendiary Stewards classed the degree of carelessness as "moderate".
Reasons for Decision:
Mr McNab conceded that he was not his own horse length and another horse length clear when he shifted ground inwards and hence his reason for admitting the charge.
Submissions for Penalty:
The Stipendiary Stewards advised the hearing that Mr McNab has received two suspensions in 2012, in March and in July. On each occasion he received a penalty of a 4 race day suspension. On this occasion, the Stipendiary Stewards submitted that a 4 day suspension should be imposed.
Mr McNab submitted that his degree of carelessness was only minimal and that his actions did not cause any significant interference to either "Supavino" as it was tiring, and that the gap available to "Emm Gee" was tight.
Reasons for Penalty:
Mr McNab has admitted a charge of careless riding as a result of him shifting his mount inwards when not sufficiently clear of "Supavino" and causing a resultant check to "Emm Gee".
The Stipendiary Stewards have classified the breach as "moderate" and have submitted that a suspension of 4 riding days should be imposed. Mr McNab has also incurred two 4 day suspensions in the last 12 months.
Mr McNab has submitted that his degree of carelessness was minimal because he did not think that the rails run for "Emm Gee" was over generous.
However, the issue for us is not really the extent to which "Emm Gee" was deprived of a run, and/or whether or not "Supavino" was tiring. The issue is that of horse and rider safety. By shifting inwards in the manner that he did, Mr McNab compromised the safety of 2 horses and their riders, "Supavino" in particular.
The starting point for the imposition of penalty is a 5 riding day suspension. We then take into account, aggravating and mitigating features.
The aggravating features are that this is the third time that Mr McNab has appeared on such a charge since March 2012, and our assessment of the degree of carelessness, which we have judged on the totality of the evidence as being in the medium range. That warrants an uplift of one day, to 6 days.
The mitigating feature is Mr McNab's early admission of the breach, and his candid behaviour in the hearing, and as a consequence, a discount of one day is provided.
Mr McNab advised the hearing that he did not apply for the deferrment of a period of suspension.
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: 87ad66df8b5258c52021e47bab9d7bed
informantnumber: A5370
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 05/09/2012
hearing_title: Canterbury JC 22 September 2012 - R 3
charge:
Alleged that "Contador" (M McNab) shifted inwards when not clear approaching the 250 metres causing "Supavino" (S Collett) and "Emm Gee" (L McGregor) to check and lose their rightful line of running.
facts:
As the field approached the 250 metres point, Mr McNab on "Contador" was racing in a three wide position on the outside of "Supavino" (S Collett). "Emm Gee" (L McGregor) was racing on the rails behind "Supavino" but one off the rails, and with a gap inside which may have provided sufficient room for a rails run for "Emm Gee".
Mr McNab then shifted his mount across the line of "Supavino" when not his own length and another horse length clear. "Supavino" was forced across as a result and "Emm Gee" was also deprived of its running line, and received a check from "Supavino" in the process."Emm Gee" then had to come off the heels of "Supavino" and to go around it on the outside and then proceeded to make up ground.
appealdecision:
isappeal:
submissionsfordecision:
The Stipendiary Stewards submitted that Mr McNab was careless in terms of his inwards movement when not sufficiently clear.
Mr McNab (assisted by Mr S Kennedy) submitted that Ms McGregor was not driving her horse up into the gap that was available, even though it was a tight gap. He said that Ms McGregor was holding back and that the check to her was minimal. He readily conceded that he was not his own horse length and another length clear of "Supavino". He added that "Supavino" was "going backwards" as it was tiring rapidly. Thus he believed that his degree of carelessness was minimal.
The Stipendiary Stewards classed the degree of carelessness as "moderate".
reasonsfordecision:
Mr McNab conceded that he was not his own horse length and another horse length clear when he shifted ground inwards and hence his reason for admitting the charge.
Decision:
As Mr McNab has admitted the breach of the rule it is deemed to be proved.
sumissionsforpenalty:
The Stipendiary Stewards advised the hearing that Mr McNab has received two suspensions in 2012, in March and in July. On each occasion he received a penalty of a 4 race day suspension. On this occasion, the Stipendiary Stewards submitted that a 4 day suspension should be imposed.
Mr McNab submitted that his degree of carelessness was only minimal and that his actions did not cause any significant interference to either "Supavino" as it was tiring, and that the gap available to "Emm Gee" was tight.
reasonsforpenalty:
Mr McNab has admitted a charge of careless riding as a result of him shifting his mount inwards when not sufficiently clear of "Supavino" and causing a resultant check to "Emm Gee".
The Stipendiary Stewards have classified the breach as "moderate" and have submitted that a suspension of 4 riding days should be imposed. Mr McNab has also incurred two 4 day suspensions in the last 12 months.
Mr McNab has submitted that his degree of carelessness was minimal because he did not think that the rails run for "Emm Gee" was over generous.
However, the issue for us is not really the extent to which "Emm Gee" was deprived of a run, and/or whether or not "Supavino" was tiring. The issue is that of horse and rider safety. By shifting inwards in the manner that he did, Mr McNab compromised the safety of 2 horses and their riders, "Supavino" in particular.
The starting point for the imposition of penalty is a 5 riding day suspension. We then take into account, aggravating and mitigating features.
The aggravating features are that this is the third time that Mr McNab has appeared on such a charge since March 2012, and our assessment of the degree of carelessness, which we have judged on the totality of the evidence as being in the medium range. That warrants an uplift of one day, to 6 days.
The mitigating feature is Mr McNab's early admission of the breach, and his candid behaviour in the hearing, and as a consequence, a discount of one day is provided.
Mr McNab advised the hearing that he did not apply for the deferrment of a period of suspension.
penalty:
Mr McNab is suspended from race riding for 5 days. As riders have been declared for the meetings at Gisborne (23rd September) and Timaru (24th September) the suspension will commence on Tuesday 25th September 2012 and conclude at the end of racing on Saturday 29th September 2012. That will encompass meetings at Otaki, Dunedin, Waverly, Te Aroha and Auckland.
hearing_type: Hearing
Rules: Rule 638 1 (d), A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless
Informant: M Zarb - Stipendiary Steward
JockeysandTrainer: Mr M McNab - Licensed Apprentice Rider
Otherperson: S Kennedy - Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: ac46a0b28be8ecaaaee80cf169a654af
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8ae431feb57283cc95741d7c17fafede
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/09/2012
meet_title: Canterbury Racing - 22 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: SChing
meet_pm2: none
name: Canterbury Racing