Archive Decision

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Waipa RC 10 November 2015 – R 3 – Chair, Mr A Dooley

ID: JCA15701

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr M McNab - Rider of OUR ABBADEAN

Other Person:
Mr M Williamson -Stipendiary Steward

Information Number:
A7581

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipa RC - 10 November 2015

Meet Chair:
ADooley

Race Date:
2015/11/10

Race Number:
R3

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 17 November and conclude after racing on 20 November 2015 (3 days).

Facts:

Following the running of race 3, BDO 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 1300 metres Mr McNab allowed his mount OUR ABBADEAN to shift in, when not clear of LE PETITE ROGUE (S Collett) 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 on the head – on film that Mr McNab jumped from barrier 4. He demonstrated that Mr McNab allowed his mount to gradually shift in when only a bare length clear of Ms Collett’s mount. He said this resulted in her mount having insufficient room when checked losing ground.

Mr McNab agreed with Mr Williamson’s interpretation of the incident. He added that he was not aware LA PETITE ROGUE was on his inside.

Submissions for Penalty:

Mr Coles produced Mr McNab’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being 17 June which incurred a 4 day suspension. He said that Mr McNab is a busy rider that does travel around the country. He described his record as average and the level of carelessness as low range. He stated Mr McNab should be given credit for his admission of the breach and in mitigation there was a little bit of movement from the horses on his inside and Ms Collett’s mount was inclined to over – race. Mr Coles submitted a suspension at the low end would be appropriate.

Mr McNab submitted that he had upcoming engagements at Rotorua on 17 November, and sought a deferment to any proposed suspension. He advised that he has been riding all over the country in recent times. When questioned Mr McNab said he has been riding at Riccarton and he went to Banks Peninsula on 1 November for an Industry meeting to ride for Mr Stokes. He further advised that he was intending to ride at Invercargill on 19 November for Mr Stokes. He added that he was building up some extra South Island contacts on the back of his recent success.

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 mitigating factors were Mr McNab’s admission of the breach and the level of carelessness was low end. The films show that Mr McNab shifted in one horse width and the manoeuvre was gradual which resulted in a minor check to Ms Collett’s mount. The Committee considered that these factors warranted a discount of 2 days.

Mr McNab’s record was assessed as a neutral factor.

The Committee was able to verify that Mr McNab had 8 rides at Banks Peninsula (Industry Day) on Sunday 1 November and he had ridden at Riccarton prior to Cup week. The Committee was mindful that Mr McNab has no history of riding at Invercargill. However it was difficult to reject that meeting on this particular occasion because Mr McNab was able to demonstrate that he had a recent history of riding in the South Island.

After taking into account all the above factors the Committee considers an appropriate suspension was 3 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: c4dc01554b25207983f9b72b4f0dc182


informantnumber: A7581


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 11/11/2015


hearing_title: Waipa RC 10 November 2015 - R 3 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 3, BDO 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 1300 metres Mr McNab allowed his mount OUR ABBADEAN to shift in, when not clear of LE PETITE ROGUE (S Collett) 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 on the head – on film that Mr McNab jumped from barrier 4. He demonstrated that Mr McNab allowed his mount to gradually shift in when only a bare length clear of Ms Collett’s mount. He said this resulted in her mount having insufficient room when checked losing ground.

Mr McNab agreed with Mr Williamson’s interpretation of the incident. He added that he was not aware LA PETITE ROGUE was on his inside.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNab admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr McNab’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being 17 June which incurred a 4 day suspension. He said that Mr McNab is a busy rider that does travel around the country. He described his record as average and the level of carelessness as low range. He stated Mr McNab should be given credit for his admission of the breach and in mitigation there was a little bit of movement from the horses on his inside and Ms Collett’s mount was inclined to over – race. Mr Coles submitted a suspension at the low end would be appropriate.

Mr McNab submitted that he had upcoming engagements at Rotorua on 17 November, and sought a deferment to any proposed suspension. He advised that he has been riding all over the country in recent times. When questioned Mr McNab said he has been riding at Riccarton and he went to Banks Peninsula on 1 November for an Industry meeting to ride for Mr Stokes. He further advised that he was intending to ride at Invercargill on 19 November for Mr Stokes. He added that he was building up some extra South Island contacts on the back of his recent success.


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 mitigating factors were Mr McNab’s admission of the breach and the level of carelessness was low end. The films show that Mr McNab shifted in one horse width and the manoeuvre was gradual which resulted in a minor check to Ms Collett’s mount. The Committee considered that these factors warranted a discount of 2 days.

Mr McNab’s record was assessed as a neutral factor.

The Committee was able to verify that Mr McNab had 8 rides at Banks Peninsula (Industry Day) on Sunday 1 November and he had ridden at Riccarton prior to Cup week. The Committee was mindful that Mr McNab has no history of riding at Invercargill. However it was difficult to reject that meeting on this particular occasion because Mr McNab was able to demonstrate that he had a recent history of riding in the South Island.

After taking into account all the above factors the Committee considers an appropriate suspension was 3 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 17 November and conclude after racing on 20 November 2015 (3 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr M McNab - Rider of OUR ABBADEAN


Otherperson: Mr M Williamson -Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 76684fd3d45b2dd784053698ad7ed1c8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


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meetdate: 10/11/2015


meet_title: Waipa RC - 10 November 2015


meet_expappcomment:


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tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Waipa RC