Auckland RC 26 December 2020 – R 3 – Chair, Mr G Jones
ID: JCA14890
Code:
Thoroughbred
Meet Title:
Auckland RC - 26 December 2020
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2020/12/26
Race Number:
R3
Decision:
As Mr McNab admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted Mr McNab a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 6 days commencing after racing on 1 January 2021 and concluding after racing on 10 January 2021.
Facts:
This charge arises from the running of race 3, the Sky City 1100. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of FOLLOW YOUR DREAMS (M McNab), allowed his mount to shift out near the 250 metres when not sufficiently clear of BERGHEIM (S Weatherly) which was checked.
Mr McNab acknowledged 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.
Using the available race films Stipendiary Steward, Mr Coles demonstrated the incident and identified the horses and riders concerned; namely FOLLOW YOUR DREAMS and BERGHEIM.
He told the Committee that approaching the 250-metre mark Mr McNab was racing on the rail and he angled his mount out abruptly to obtain clear running. In doing so he checked BERGHEIM who was racing on the inner of MISS IPENEMA (A Calder). Mr Coles acknowledged that MISS IPENEMA shifted in slightly and contributed to BERGHEIM being checked. Mr Coles added that FOLLOW YOUR DREAMS was never any more than 1 length clear of BERGHEIM when shifting out.
In response Mr McNab accepted that he shifted out, but thought that he was clear of other runners.
Submissions for Penalty:
Mr Oatham produced Mr McNab’s riding record which indicated 1 previous breach under the careless riding Rule in the last 12 months. This having occurred on 11 December 2020 at Tauranga and resulted in a 6-day suspension and $500 fine. Mr Oatham submitted that apart from the fact that Mr McNab has now breached the Rule twice in close proximity his overall record is very good. Mr McNab has had 190 mounts in the current season.
Mr Oatham said Stewards assessed the level of carelessness in the mid to high range and submitted that any proposed suspension should be commensurate with a mid to high range penalty.
Mr McNab sought a 7 deferment to any proposed suspension and did not offer any specific penalty submissions.
Reasons for Penalty:
After considering the submissions and reviewing the race film(s) the Committee determined Mr McNab’s carelessness to be in the mid to high range and adopted a 7-day starting point. This conforms with the NZTR penalty directive which recommends a 5 day, plus $500 fine as a starting point for mid-range carelessness and 9 days suspension for high range carelessness. Mr McNab's liability was assessed as above mid-range, but not high end.
The available films established that Mr McNab did allow his mount to shift out several horse widths very abruptly. For the best part of that outward manoeuvre, he was able to make the shift without interfering with other runners, except for BERGHEIM whom he was never any more than 1 length clear. The Committee accepts that MISS IPENEMA may have contributed to the level of interference suffered by BERGHEIM, but it does not excuse Mr McNab's culpability in terms of his abrupt outward shift.
Apart from this being Mr McNab’s second breach in two weeks his overall record is good and, on that basis, we afforded him a 1-day reduction for his combined good record and admission of the breach.
After taking into account all the above factors the Committee considered that an appropriate suspension was 6 (national) days plus a $500 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: 88961fa401d62ce907f75903eed77746
informantnumber: A13435
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 27/12/2020
hearing_title: Auckland RC 26 December 2020 – R 3 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of race 3, the Sky City 1100. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of FOLLOW YOUR DREAMS (M McNab), allowed his mount to shift out near the 250 metres when not sufficiently clear of BERGHEIM (S Weatherly) which was checked.
Mr McNab acknowledged 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.
Using the available race films Stipendiary Steward, Mr Coles demonstrated the incident and identified the horses and riders concerned; namely FOLLOW YOUR DREAMS and BERGHEIM.
He told the Committee that approaching the 250-metre mark Mr McNab was racing on the rail and he angled his mount out abruptly to obtain clear running. In doing so he checked BERGHEIM who was racing on the inner of MISS IPENEMA (A Calder). Mr Coles acknowledged that MISS IPENEMA shifted in slightly and contributed to BERGHEIM being checked. Mr Coles added that FOLLOW YOUR DREAMS was never any more than 1 length clear of BERGHEIM when shifting out.
In response Mr McNab accepted that he shifted out, but thought that he was clear of other runners.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr McNab’s riding record which indicated 1 previous breach under the careless riding Rule in the last 12 months. This having occurred on 11 December 2020 at Tauranga and resulted in a 6-day suspension and $500 fine. Mr Oatham submitted that apart from the fact that Mr McNab has now breached the Rule twice in close proximity his overall record is very good. Mr McNab has had 190 mounts in the current season.
Mr Oatham said Stewards assessed the level of carelessness in the mid to high range and submitted that any proposed suspension should be commensurate with a mid to high range penalty.
Mr McNab sought a 7 deferment to any proposed suspension and did not offer any specific penalty submissions.
reasonsforpenalty:
After considering the submissions and reviewing the race film(s) the Committee determined Mr McNab’s carelessness to be in the mid to high range and adopted a 7-day starting point. This conforms with the NZTR penalty directive which recommends a 5 day, plus $500 fine as a starting point for mid-range carelessness and 9 days suspension for high range carelessness. Mr McNab's liability was assessed as above mid-range, but not high end.
The available films established that Mr McNab did allow his mount to shift out several horse widths very abruptly. For the best part of that outward manoeuvre, he was able to make the shift without interfering with other runners, except for BERGHEIM whom he was never any more than 1 length clear. The Committee accepts that MISS IPENEMA may have contributed to the level of interference suffered by BERGHEIM, but it does not excuse Mr McNab's culpability in terms of his abrupt outward shift.
Apart from this being Mr McNab’s second breach in two weeks his overall record is good and, on that basis, we afforded him a 1-day reduction for his combined good record and admission of the breach.
After taking into account all the above factors the Committee considered that an appropriate suspension was 6 (national) days plus a $500 fine.
penalty:
The Committee granted Mr McNab a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 6 days commencing after racing on 1 January 2021 and concluding after racing on 10 January 2021.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr M McNab (rider of FOLLOW YOUR DREAMS)
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d17d695def5781de3c89c9e8f512abd7
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: 074c6f57c9fa4091c69cf7c4ac4946a1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2020
meet_title: Auckland RC - 26 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland RC