Wairoa RC 25 February 2016 – R 1 – Chair, Mr T Castles
ID: JCA15638
Code:
Thoroughbred
Meet Title:
Wairoa RC - 25 February 2016
Meet Chair:
TCastles
Race Date:
2016/02/25
Race Number:
R 1
Decision:
The charge was found proven.
Penalty:
Mr McNab you are suspended from race riding from after racing on Thursday 3 March 2016 until after the completion of racing on Monday 21 March 2016. A total of fourteen race days including two iconic race days at Ellerslie and one premier day at Wellington.
Facts:
Mr McNab did not admit a breach of Rule 638 (1) (d). The rule reads 'A rider shall not ride a horse in a manner the judicial committee considers to be careless'.
During the running of the Sunset Bar and Bistro Stayers he permitted his mount CATHEDRAL COVE to shift outwards when not sufficiently clear of LIPSIPSUC which clipped a heel and blundered near the 450 metres dislodging rider L Allpress.
Prior to the beginning of the hearing Mr McNab asked for the charge to be held over until this coming Saturday at Matamata. He believed he would best handle this charge after discussions with a lawyer. He has a big day riding today and he would be in a better frame of mind to answer the charge after taking advice.
Mr J Oatham, Stipendiary Steward, opposed the hearing being held over. He told the committee he would be calling jockey Mrs L Allpress as a witness. She would not be available this coming Saturday at Matamata as she has rides at Otaki. While Mr McNab would be riding at Hastings Wednesday 2 March, Mrs Allpress would not be there as she would be serving a period of suspension. Mr L Tidmarsh, the steward in charge of today's meeting would not be at Matamata either. While appreciating it was a hot day and Mr McNab has a busy day riding he believed it would be unusual for a careless riding charge to be held over when all participants are available on the day.
Mr McNab in reply stated he wished an experienced racing person to view the films and this would best be achieved away from today's meeting. It was pointed out that on course there were a number of very experienced racing people who would be prepared to view the films. He declined that offer.
The chairman pointed out that it would be unusual to hold a careless riding charge over. It has happened in the past but the jockey concerned had become unwell and was unable to attend the hearing.
The hearing adjourned for a period for Mr McNab to collect his thoughts and reconsider the offer. Upon the hearing reconvening Mr McNab was informed that the hearing would take place on the day. It was explained to him the difficulty in arriving at a suitable date that would accommodate all the people involved. While Mr McNab could not have representation at the hearing he had declined using suitable racing people on course. He has the right of appeal in the event that he was not happy with the decisions.
Submissions for Decision:
Mr J Oatham, using the available films took the committee through the incident. He pointed out Mrs Allpress' mount LIPSIPSUC down on the fence at the rear of the field. Mrs Allpress mounted her run and started to make ground. Mr McNab on CATHEDRAL COVE was one off down on the rail. He moved out into a two wide position taking Mrs Allpress' line. Mr Oatham believed he was only one to one and a quarter lengths clear when he moved out. Mrs Allpress had to take hold. The angle of her mount's head clearly showed that. Heels clipped and Mrs Allpress fell. Mr Oatham informed the committee that Mr Mc Nab was not the required distance clear. Mrs Allpress was entitled to be where she was and had just begun to move into the race.
Mr McNab had no questions.
Mrs L Allpress was called as a witness. She told the committee her horse was travelling into the race when Mr McNab's mount moved out. She believed she was entitled to take the running line offered and did have room. Her mount clipped heels and fell. The pressure came entirely from Mr McNab's outward movement.
Mr McNab questioned Mrs Allpress whether or not her mount clipped heels. The films were shown again and slowed down frame by frame. Mr McNab believed that LIPSIPSUC stumbled and broke its shoulder. He asked Mr Oatham to confirm that.
Mr Oatham informed the committee that the horse was humanely put down after returning to the stable. The vet certificate of the incident had not been completed in time for the hearing and it was inappropriate to comment.
Mrs Allpress was questioned at length over the incident but was adamant heels clipped causing the incident. She firmly believed her mount clipped heels with Mr McNab's mount as he moved out onto her line. Mr McNab was clearly of the opinion, even after further examination of the films that LIPSIPSUC stumbled and did not clip heels.
In summing up Mr Tidmarsh confirmed the Stewards belief that heels clipped causing the fall and after repeated replays of the incident were convinced that it was caused by Mr McNab moving out when not sufficiently clear.
Mr McNab stressed again his belief that LIPSIPSUC faltered causing the fall.
Reasons for Decision:
After reviewing the available films and slowing them down frame by frame the committee was adamant that:
(a) Mr Mc Nab was not the required distance clear when he moved outward from a one off position.
(b) Mrs Allpress was entitled to be where she was and was moving into the race.
(c) Heels clipped causing the fall and close examination of the films clearly showed that Mr McNab’s mount was the horse involved.
(d) LIPSIPSUC stumbled immediately after dislodging its rider and the reins could be clearly seen around the horse's legs. The committee believes that the serious injury necessitating its demise happened after dislodging Mrs Allpress.
Submissions for Penalty:
Mr Tidmarsh produced Mr McNab's record under the rule. He had been charged eight times in the last twelve months including two suspensions in one day, at Tauranga in December. The penalties ranged from three days at Waipa and Whakatane to five days at Tauranga twice and Auckland. Mr Tidmarsh agreed that Mr McNab can be classed as a New Zealand wide rider. He rides in both Islands and has recently improved his riding to a level that has meant increased opportunities. While he viewed the degree of carelessness as on the low side the consequences of his actions were high. He asked for a period of suspension to be imposed citing penalties of up to four weeks and more when falls are involved.
Mr McNab told the committee that he had commitments up to and including Thursday next week and asked for a seven day deferment.
Reasons for Penalty:
The committee carefully considered the submissions. It was agreed that a seven day deferment be allowed under the rule. While concurring that the degree of carelessness was relatively low the consequences caused by Mr McNab's actions were high. The movement outward onto Mrs Allpress' line and the resulting fall must be reflected by a period of suspension. It was noted that Mr McNab, while establishing himself as a senior rider, his record over the last twelve months was not good. The committee accepts that he is a New Zealand wide rider and the penalty imposed reflects that fact. While noting a period of four weeks suspension was asked for by the Stewards a period of suspension in days rather than weeks was in the committee's opinion the practical way to handle this charge.
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: be3cb3be5fe3aff083510dbf60116692
informantnumber: A7616
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 29/02/2016
hearing_title: Wairoa RC 25 February 2016 - R 1 - Chair, Mr T Castles
charge:
facts:
Mr McNab did not admit a breach of Rule 638 (1) (d). The rule reads 'A rider shall not ride a horse in a manner the judicial committee considers to be careless'.
During the running of the Sunset Bar and Bistro Stayers he permitted his mount CATHEDRAL COVE to shift outwards when not sufficiently clear of LIPSIPSUC which clipped a heel and blundered near the 450 metres dislodging rider L Allpress.
Prior to the beginning of the hearing Mr McNab asked for the charge to be held over until this coming Saturday at Matamata. He believed he would best handle this charge after discussions with a lawyer. He has a big day riding today and he would be in a better frame of mind to answer the charge after taking advice.
Mr J Oatham, Stipendiary Steward, opposed the hearing being held over. He told the committee he would be calling jockey Mrs L Allpress as a witness. She would not be available this coming Saturday at Matamata as she has rides at Otaki. While Mr McNab would be riding at Hastings Wednesday 2 March, Mrs Allpress would not be there as she would be serving a period of suspension. Mr L Tidmarsh, the steward in charge of today's meeting would not be at Matamata either. While appreciating it was a hot day and Mr McNab has a busy day riding he believed it would be unusual for a careless riding charge to be held over when all participants are available on the day.
Mr McNab in reply stated he wished an experienced racing person to view the films and this would best be achieved away from today's meeting. It was pointed out that on course there were a number of very experienced racing people who would be prepared to view the films. He declined that offer.
The chairman pointed out that it would be unusual to hold a careless riding charge over. It has happened in the past but the jockey concerned had become unwell and was unable to attend the hearing.
The hearing adjourned for a period for Mr McNab to collect his thoughts and reconsider the offer. Upon the hearing reconvening Mr McNab was informed that the hearing would take place on the day. It was explained to him the difficulty in arriving at a suitable date that would accommodate all the people involved. While Mr McNab could not have representation at the hearing he had declined using suitable racing people on course. He has the right of appeal in the event that he was not happy with the decisions.
appealdecision:
isappeal:
submissionsfordecision:
Mr J Oatham, using the available films took the committee through the incident. He pointed out Mrs Allpress' mount LIPSIPSUC down on the fence at the rear of the field. Mrs Allpress mounted her run and started to make ground. Mr McNab on CATHEDRAL COVE was one off down on the rail. He moved out into a two wide position taking Mrs Allpress' line. Mr Oatham believed he was only one to one and a quarter lengths clear when he moved out. Mrs Allpress had to take hold. The angle of her mount's head clearly showed that. Heels clipped and Mrs Allpress fell. Mr Oatham informed the committee that Mr Mc Nab was not the required distance clear. Mrs Allpress was entitled to be where she was and had just begun to move into the race.
Mr McNab had no questions.
Mrs L Allpress was called as a witness. She told the committee her horse was travelling into the race when Mr McNab's mount moved out. She believed she was entitled to take the running line offered and did have room. Her mount clipped heels and fell. The pressure came entirely from Mr McNab's outward movement.
Mr McNab questioned Mrs Allpress whether or not her mount clipped heels. The films were shown again and slowed down frame by frame. Mr McNab believed that LIPSIPSUC stumbled and broke its shoulder. He asked Mr Oatham to confirm that.
Mr Oatham informed the committee that the horse was humanely put down after returning to the stable. The vet certificate of the incident had not been completed in time for the hearing and it was inappropriate to comment.
Mrs Allpress was questioned at length over the incident but was adamant heels clipped causing the incident. She firmly believed her mount clipped heels with Mr McNab's mount as he moved out onto her line. Mr McNab was clearly of the opinion, even after further examination of the films that LIPSIPSUC stumbled and did not clip heels.
In summing up Mr Tidmarsh confirmed the Stewards belief that heels clipped causing the fall and after repeated replays of the incident were convinced that it was caused by Mr McNab moving out when not sufficiently clear.
Mr McNab stressed again his belief that LIPSIPSUC faltered causing the fall.
reasonsfordecision:
After reviewing the available films and slowing them down frame by frame the committee was adamant that:
(a) Mr Mc Nab was not the required distance clear when he moved outward from a one off position.
(b) Mrs Allpress was entitled to be where she was and was moving into the race.
(c) Heels clipped causing the fall and close examination of the films clearly showed that Mr McNab’s mount was the horse involved.
(d) LIPSIPSUC stumbled immediately after dislodging its rider and the reins could be clearly seen around the horse's legs. The committee believes that the serious injury necessitating its demise happened after dislodging Mrs Allpress.
Decision:
The charge was found proven.
sumissionsforpenalty:
Mr Tidmarsh produced Mr McNab's record under the rule. He had been charged eight times in the last twelve months including two suspensions in one day, at Tauranga in December. The penalties ranged from three days at Waipa and Whakatane to five days at Tauranga twice and Auckland. Mr Tidmarsh agreed that Mr McNab can be classed as a New Zealand wide rider. He rides in both Islands and has recently improved his riding to a level that has meant increased opportunities. While he viewed the degree of carelessness as on the low side the consequences of his actions were high. He asked for a period of suspension to be imposed citing penalties of up to four weeks and more when falls are involved.
Mr McNab told the committee that he had commitments up to and including Thursday next week and asked for a seven day deferment.
reasonsforpenalty:
The committee carefully considered the submissions. It was agreed that a seven day deferment be allowed under the rule. While concurring that the degree of carelessness was relatively low the consequences caused by Mr McNab's actions were high. The movement outward onto Mrs Allpress' line and the resulting fall must be reflected by a period of suspension. It was noted that Mr McNab, while establishing himself as a senior rider, his record over the last twelve months was not good. The committee accepts that he is a New Zealand wide rider and the penalty imposed reflects that fact. While noting a period of four weeks suspension was asked for by the Stewards a period of suspension in days rather than weeks was in the committee's opinion the practical way to handle this charge.
penalty:
Mr McNab you are suspended from race riding from after racing on Thursday 3 March 2016 until after the completion of racing on Monday 21 March 2016. A total of fourteen race days including two iconic race days at Ellerslie and one premier day at Wellington.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr M McNab - Rider of CATHEDRAL COVE
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: de73d87adc73dbc6c0cb0f07539b8c55
race_expapproval:
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race_title: R 1
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meetdate: 25/02/2016
meet_title: Wairoa RC - 25 February 2016
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name: Wairoa RC