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Canterbury JC 6 October 2012 – R 5

ID: JCA15591

Applicant:
Mr M Zarb - Stipendiary Steward

Respondent(s):
Mr M McNab - Licensed Apprentice Rider

Other Person:
Mr S Kennedy - Licensed Trainer (assisting Mr McNab)

Information Number:
A 4904

Hearing Type:
Hearing

Rules:
Rule 638(1), A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 6 October 2012

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2012/10/06

Race Number:
R5

Decision:

As Mr McNab has admitted the charge it is deemed to be proved.

Penalty:

Mr McNab's application for a deferment of the coming into effect of a period of suspension is granted.

Mr McNab is suspended accordingly for four race days, commencing at the conclusion of racing at Taupo on Wednesday 10th October 2012. It will conclude at the end of racing on Thursday 18th October 2012. This will mean that Mr McNab will be unable to ride at meetings at Tauherenikau 11th, Matamata 13th, Whangarei 17th and New Plymouth 18th October 2012. For the avoidance of doubt, Mr McNab confirmed to the hearing that he would not have ridden at Invercargill on 12th or at Timaru on 15th October 2012.

Charge:

Alleged that M McNab (Mt Difficulty) allows his mount to shift inwards passing the 200 metres mark when not clear causing "Katriffic" (S Muniandy) to check.

Facts:

As the field was racing for the finish, Mr McNab on "Mt Difficulty" allowed his mount to shift inwards when not his own horse length and another length clear of "Katriffic" (S Muniandy). The consequence was that Mr Muniandy had to check his mount which lost ground as a result. It was acknowledged by the Stipendiary Stewards that "Katriffic" was tiring and would not have finished in a stake bearing position, regardless of the interference. Whilst there was evidence that "Katriffic" did received a "brush" from the horse on its inside, that incident did not alter the situation insofar as Mr McNab's actions were concerned.

Submissions for Penalty:

Mr Zarb advised the hearing that in the Stipendiary Stewards' opinion, Mr McNab's degree of carelessness was at the lower end of the scale. However, this is the fourth time that McNab has appeared on a charge of careless riding in the last 7 months, having been suspended for four race days on each of the previous three occasions.

Mr McNab did not have any submissions to make with regard to penalty, but did apply to have any period of suspension deferred until after the conclusion of racing on Wednesday 10th October at Taupo.

Reasons for Penalty:

A suspension is warranted. We adopt as a starting point, a suspension of 5 race days. It is an aggravating feature with regard to penalty that this is the fourth time that Mr McNab has appeared on a charge of careless riding in the last 7 months, the most recent being on 22nd September 2012 at Riccarton. That warrants an uplift of one day, making the suspension that of six days.

The mitigating features are we assess that the carelessness was at the lower end of the scale. Mr Muniandy's mount was tiring and was unlikely to have finished in contention. Mr McNab has also admitted the charge at an early stage.

A consequence is that we allow a discount of two days for the mitigating features.

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: b8749dad52ecce7d243057d942ba9586


informantnumber: A 4904


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/10/2012


hearing_title: Canterbury JC 6 October 2012 - R 5


charge:

Alleged that M McNab (Mt Difficulty) allows his mount to shift inwards passing the 200 metres mark when not clear causing "Katriffic" (S Muniandy) to check.


facts:

As the field was racing for the finish, Mr McNab on "Mt Difficulty" allowed his mount to shift inwards when not his own horse length and another length clear of "Katriffic" (S Muniandy). The consequence was that Mr Muniandy had to check his mount which lost ground as a result. It was acknowledged by the Stipendiary Stewards that "Katriffic" was tiring and would not have finished in a stake bearing position, regardless of the interference. Whilst there was evidence that "Katriffic" did received a "brush" from the horse on its inside, that incident did not alter the situation insofar as Mr McNab's actions were concerned.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNab has admitted the charge it is deemed to be proved.


sumissionsforpenalty:

Mr Zarb advised the hearing that in the Stipendiary Stewards' opinion, Mr McNab's degree of carelessness was at the lower end of the scale. However, this is the fourth time that McNab has appeared on a charge of careless riding in the last 7 months, having been suspended for four race days on each of the previous three occasions.

Mr McNab did not have any submissions to make with regard to penalty, but did apply to have any period of suspension deferred until after the conclusion of racing on Wednesday 10th October at Taupo.


reasonsforpenalty:

A suspension is warranted. We adopt as a starting point, a suspension of 5 race days. It is an aggravating feature with regard to penalty that this is the fourth time that Mr McNab has appeared on a charge of careless riding in the last 7 months, the most recent being on 22nd September 2012 at Riccarton. That warrants an uplift of one day, making the suspension that of six days.

The mitigating features are we assess that the carelessness was at the lower end of the scale. Mr Muniandy's mount was tiring and was unlikely to have finished in contention. Mr McNab has also admitted the charge at an early stage.

A consequence is that we allow a discount of two days for the mitigating features.


penalty:

Mr McNab's application for a deferment of the coming into effect of a period of suspension is granted.

Mr McNab is suspended accordingly for four race days, commencing at the conclusion of racing at Taupo on Wednesday 10th October 2012. It will conclude at the end of racing on Thursday 18th October 2012. This will mean that Mr McNab will be unable to ride at meetings at Tauherenikau 11th, Matamata 13th, Whangarei 17th and New Plymouth 18th October 2012. For the avoidance of doubt, Mr McNab confirmed to the hearing that he would not have ridden at Invercargill on 12th or at Timaru on 15th October 2012.


hearing_type: Hearing


Rules: Rule 638(1), A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless


Informant: Mr M Zarb - Stipendiary Steward


JockeysandTrainer: Mr M McNab - Licensed Apprentice Rider


Otherperson: Mr S Kennedy - Licensed Trainer (assisting Mr McNab)


PersonPresent:


Respondent:


StipendSteward:


raceid: 929ab6bca5b15840902922ba098371a3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6ceaa72b8825cdbdf25202b1ab9bfee5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/10/2012


meet_title: Canterbury Racing - 6 October 2012


meet_expappcomment:


meet_km:


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tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: Canterbury Racing