Archive Decision

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Waipa RC 26 June 2016 – R 5 – Chair, Mr A Godsalve

ID: JCA15476

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr M McNab - Licensed Jockey

Information Number:
A4589

Hearing Type:
Hearing

New Charge:
Failing to make weight

Rules:
Rule 330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipa RC - 26 June 2016

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2016/06/26

Race Number:
R5

Decision:

 As Mr McNab had admitted the breach we find the charge proved.

Penalty:

 Accordingly the Committee imposes a fine of $400 on Mc McNab.

Facts:

Prior to the running of Race 5, the TE AWAMUTU TYRE CENTRE 1150, an Information was laid by Mr Jones alleging that Mr M McNab had been unable to ride the horse AIRMAN at that horses allotted weight.

Mr McNab was present at the hearing and advised the Committee that he admitted the breach.

Rule 330(3)(c) states ' A rider shall not fail to ride a horse at the weight which it is handicapped to carry'.

Mr Jones advised the Committee that Mr McNab had ridden in the first race at the meeting today. He was required to ride that horse at a weight of 56.5 kg, which he did.

Mr McNab subsequently advised the Stipendiary Stewards that after riding in the first race, he had consumed some liquids and would not be able to ride AIRMAN in race 5 at its allotted raceday weight of 56 kg. Mr Jones said that Mr McNab told him that he was not be able to ride under 57 kg. He added that riders were allowed to be 1/2 kg overweight without penalty. However since Mr McNab was 1 kg over for that horse he would have to be replaced for the ride by a suitable rider.

Mr McNab told the Committee that he was dehydrated after riding in the first race and had felt that taking some liquid was a necessity.

Submissions for Penalty:

Mr Jones presented Mr McNab's record in respect of breaches of this Rule. He stated that Mr McNab had breached this Rule on 3 occasions in May 2016; on 12th May he was fined $300; on 7th May he was fined $200, and he was fined $100 on 4th May 2016. Mr Jones added that the Stewards felt this latest breach could again be dealt with by way of a fine, albeit an upgrade on the latest fine of $300.

Mr McNab said he would prefer a fine on this occasion. He added that he did not have any committments at the upcoming racemeeting at Rotorua on 29th May for a reason which did not have any bearing on this matter before us.

Reasons for Penalty:

The Committee took into account the submissions from Mr Jones and Mr McNab. 

While we have some sympathy for Mr McNab in these circumstances as we are aware he does struggle with maintaining his weight, it is clear that we are bound to upgrade the latest fine imposed on him for a breach of this Rule. We confirmed for our purposes that the previous fines referred to by Mr jones were in fact correct.

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: 985fcadb30c15425a952e0f20897c530


informantnumber: A4589


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to make weight


plea: admitted


penaltyrequired: 1


decisiondate: 26/06/2016


hearing_title: Waipa RC 26 June 2016 - R 5 - Chair, Mr A Godsalve


charge:


facts:

Prior to the running of Race 5, the TE AWAMUTU TYRE CENTRE 1150, an Information was laid by Mr Jones alleging that Mr M McNab had been unable to ride the horse AIRMAN at that horses allotted weight.

Mr McNab was present at the hearing and advised the Committee that he admitted the breach.

Rule 330(3)(c) states ' A rider shall not fail to ride a horse at the weight which it is handicapped to carry'.

Mr Jones advised the Committee that Mr McNab had ridden in the first race at the meeting today. He was required to ride that horse at a weight of 56.5 kg, which he did.

Mr McNab subsequently advised the Stipendiary Stewards that after riding in the first race, he had consumed some liquids and would not be able to ride AIRMAN in race 5 at its allotted raceday weight of 56 kg. Mr Jones said that Mr McNab told him that he was not be able to ride under 57 kg. He added that riders were allowed to be 1/2 kg overweight without penalty. However since Mr McNab was 1 kg over for that horse he would have to be replaced for the ride by a suitable rider.

Mr McNab told the Committee that he was dehydrated after riding in the first race and had felt that taking some liquid was a necessity.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

 As Mr McNab had admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Jones presented Mr McNab's record in respect of breaches of this Rule. He stated that Mr McNab had breached this Rule on 3 occasions in May 2016; on 12th May he was fined $300; on 7th May he was fined $200, and he was fined $100 on 4th May 2016. Mr Jones added that the Stewards felt this latest breach could again be dealt with by way of a fine, albeit an upgrade on the latest fine of $300.

Mr McNab said he would prefer a fine on this occasion. He added that he did not have any committments at the upcoming racemeeting at Rotorua on 29th May for a reason which did not have any bearing on this matter before us.


reasonsforpenalty:

The Committee took into account the submissions from Mr Jones and Mr McNab. 

While we have some sympathy for Mr McNab in these circumstances as we are aware he does struggle with maintaining his weight, it is clear that we are bound to upgrade the latest fine imposed on him for a breach of this Rule. We confirmed for our purposes that the previous fines referred to by Mr jones were in fact correct.


penalty:

 Accordingly the Committee imposes a fine of $400 on Mc McNab.


hearing_type: Hearing


Rules: Rule 330(3)(c)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr M McNab - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 48d50176652d5fddaaa0693027067363


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


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meetid: b2f3f043ed5082203ec72800a536aea3


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meetdate: 26/06/2016


meet_title: Waipa RC - 26 June 2016


meet_expappcomment:


meet_km:


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tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Waipa RC