R Rotorua 17 November 2015 – R 6 – Chair, Mr A Dooley
ID: JCA14489
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 17 November 2015
Meet Chair:
ADooley
Race Date:
2015/11/17
Race Number:
R6
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
Penalty:
The Committee grant Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 22 November and conclude after racing on 29 November 2015 (5 days).
Facts:
Following the running of race 6, Platinum Homes Alpha Series 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr McNab permitted his mount HANNIBAL LECTER to shift inwards when not sufficiently clear of PANELLA which was forced inwards crowding APACHE MOON and MR DAVINCI which was checked.
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 Williamson identified the affected horses on the head – on film. He demonstrated that Mr McNab allowed his mount to shift in when only a bare length clear. He said Mr McNab erred in failing to leave sufficient room for 3 horses racing on his inside which resulted in them all being crowded and checked. He added that PANELLA wanted to get away from HANNIBAL LECTER.
Mr McNab said Mr Williamson summed up the incident well. He conceded that he shifted in too early and was of the view that PANELLA over – reacted to the incident.
Submissions for Penalty:
Mr Jones produced Mr McNab’s record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being 10 November which incurred a 3 day suspension. He advised that Mr McNab’s latest suspension was to commence after racing today and conclude after racing on 20 November. He submitted an appropriate penalty would be a suspension.
Mr McNab advised that he had upcoming engagements at Te Rapa on 22 November, and sought a deferment to any proposed suspension.
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 only mitigating fact is Mr McNab’s admission of the breach. The aggravating facts are Mr McNab allowed his mount to shift when only a bare length clear which resulted in 3 horses receiving varying degrees of interference. The level of carelessness is assessed as mid – range and Mr McNab’s record is assessed as only fair with today being his 5th breach in the last 12 months.
The Committee is aware of Mr McNab’s most recent suspension and is satisfied that Mr McNab has a recent history of riding all over the country.
After taking into account all the above factors the Committee considers an appropriate suspension is 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: 894d16255c885a53a29d7d0f5f129b60
informantnumber: A4579
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 17/11/2015
hearing_title: R Rotorua 17 November 2015 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, Platinum Homes Alpha Series 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr McNab permitted his mount HANNIBAL LECTER to shift inwards when not sufficiently clear of PANELLA which was forced inwards crowding APACHE MOON and MR DAVINCI which was checked.
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 Williamson identified the affected horses on the head – on film. He demonstrated that Mr McNab allowed his mount to shift in when only a bare length clear. He said Mr McNab erred in failing to leave sufficient room for 3 horses racing on his inside which resulted in them all being crowded and checked. He added that PANELLA wanted to get away from HANNIBAL LECTER.
Mr McNab said Mr Williamson summed up the incident well. He conceded that he shifted in too early and was of the view that PANELLA over – reacted to the incident.
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 4 previous breaches under this Rule in the last 12 months, the most recent being 10 November which incurred a 3 day suspension. He advised that Mr McNab’s latest suspension was to commence after racing today and conclude after racing on 20 November. He submitted an appropriate penalty would be a suspension.
Mr McNab advised that he had upcoming engagements at Te Rapa on 22 November, and sought a deferment to any proposed suspension.
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 only mitigating fact is Mr McNab’s admission of the breach. The aggravating facts are Mr McNab allowed his mount to shift when only a bare length clear which resulted in 3 horses receiving varying degrees of interference. The level of carelessness is assessed as mid – range and Mr McNab’s record is assessed as only fair with today being his 5th breach in the last 12 months.
The Committee is aware of Mr McNab’s most recent suspension and is satisfied that Mr McNab has a recent history of riding all over the country.
After taking into account all the above factors the Committee considers an appropriate suspension is 5 days.
penalty:
The Committee grant Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 22 November and conclude after racing on 29 November 2015 (5 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr M McNab - Rider of HANNIBAL LECTER
Otherperson: Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 409fa0755e65b0c8ef1261df341f1135
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8b8606362931a0153ba94ea378f80cfb
meet_expapproval:
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/11/2015
meet_title: Racing Rotorua - 17 November 2015
meet_expappcomment:
meet_km:
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tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Racing Rotorua