Archive Decision

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Waikato RC 13 February 2021 – R 3 – Chair, Mr N McCutcheon

ID: JCA16945

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr M McNab - Rider of ARLINGTON GOLD

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A14018

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 13 February 2021

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
GJones

Race Date:
2021/02/13

Race Number:
R 3

Decision:

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

Penalty:

Accordingly, Mr McNab’s licence to ride in races is suspended for a period of 7 days commencing after racing on 13 February 2021 and concluding after racing on 27 February 2021 and a fine of $700 was imposed.

No deferment to any proposed suspension was sought.

Facts:

This charge arises from the running of Race 3, the Allied Security 2100. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of ARLINGTON GOLD (M McNab), allowed his mount to shift out when not sufficiently clear, crowding KIWIANNA, WHEAO and AMANO which were all hampered and checked over the concluding stages.

Mr McNab noted on the Information that he:

1.- Admitted the breach; and

2.-Did not wish to be present at the hearing

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 Jones demonstrated the incident and identified the horses and riders concerned; namely KIWIANNA (S Collett), WHEAO (L Satherley) and AMANO (G Grylls).

Mr Jones told the Committee that approaching the 100-metre mark Mr McNab’s mount was in the lead racing on the rail. Mr McNab commenced to ride forward with the whip and continued to shift outward. In doing so ARLINGTON GOLD crowded KIWIANA who in turn shifted out on to WHEAO. Who also hampered AMANO. KIWIANA was severely checked.

Mr Jones said that the crowding was most noticeable 3 or 4 strides prior to the finish.

He said that ARLINGTON GOLD won the race and the connections of the affected runners considered lodging a protest. Ultimately, they did not proceed due to the fact that the interference to their horses occurred in close proximity to the winning post.

Mr Jones added that ARLINGTON GOLD was never any more than 3/4 length clear when shifting out and AMANO shifted in slightly and may have contributed.

We did not hear from Mr McNab because he did not attend the hearing.

Submissions for Penalty:

Mr Oatham produced Mr McNab’s riding record which indicated 2 previous breaches under the careless riding Rule in the last 12 months. These having occurred on 11 December 2020 at Tauranga and 26 December 2020. Both resulted in 6-day suspensions and $500 fines. Mr Oatham submitted that Mr McNab’s record be treated as a neutral factor.

Mr Oatham said Stewards assessed the level of carelessness in the mid to high range and submitted that any proposed suspension be commensurate with a mid to high range penalty.

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 (suspension) and $500 fine as our starting point. This conforms with the NZTR penalty directive.

The race films established that Mr McNab allowed his mount to shift out several horse widths whilst continuing to ride forward. He was never his own length and one other clear of horses on his outer and at no stage did he stop and straighten his mount, as he was obliged to do. The Committee noted that as a result of Mr McNab’s actions four horses had their chances affected to varying degrees. The worst affected was KIWIANA who finished in 5th place.

After taking into account all the above factors the Committee considered that an appropriate suspension was 7 (national) days plus a $700 fine (a $200 uplift).

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: b6a7bafa53c03782615cbc852df0f05b


informantnumber: A14018


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 15/02/2021


hearing_title: Waikato RC 13 February 2021 - R 3 - Chair, Mr N McCutcheon


charge:


facts:

This charge arises from the running of Race 3, the Allied Security 2100. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of ARLINGTON GOLD (M McNab), allowed his mount to shift out when not sufficiently clear, crowding KIWIANNA, WHEAO and AMANO which were all hampered and checked over the concluding stages.

Mr McNab noted on the Information that he:

1.- Admitted the breach; and

2.-Did not wish to be present at the hearing

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 Jones demonstrated the incident and identified the horses and riders concerned; namely KIWIANNA (S Collett), WHEAO (L Satherley) and AMANO (G Grylls).

Mr Jones told the Committee that approaching the 100-metre mark Mr McNab’s mount was in the lead racing on the rail. Mr McNab commenced to ride forward with the whip and continued to shift outward. In doing so ARLINGTON GOLD crowded KIWIANA who in turn shifted out on to WHEAO. Who also hampered AMANO. KIWIANA was severely checked.

Mr Jones said that the crowding was most noticeable 3 or 4 strides prior to the finish.

He said that ARLINGTON GOLD won the race and the connections of the affected runners considered lodging a protest. Ultimately, they did not proceed due to the fact that the interference to their horses occurred in close proximity to the winning post.

Mr Jones added that ARLINGTON GOLD was never any more than 3/4 length clear when shifting out and AMANO shifted in slightly and may have contributed.

We did not hear from Mr McNab because he did not attend the hearing.


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 2 previous breaches under the careless riding Rule in the last 12 months. These having occurred on 11 December 2020 at Tauranga and 26 December 2020. Both resulted in 6-day suspensions and $500 fines. Mr Oatham submitted that Mr McNab’s record be treated as a neutral factor.

Mr Oatham said Stewards assessed the level of carelessness in the mid to high range and submitted that any proposed suspension be commensurate with a mid to high range penalty.


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 (suspension) and $500 fine as our starting point. This conforms with the NZTR penalty directive.

The race films established that Mr McNab allowed his mount to shift out several horse widths whilst continuing to ride forward. He was never his own length and one other clear of horses on his outer and at no stage did he stop and straighten his mount, as he was obliged to do. The Committee noted that as a result of Mr McNab’s actions four horses had their chances affected to varying degrees. The worst affected was KIWIANA who finished in 5th place.

After taking into account all the above factors the Committee considered that an appropriate suspension was 7 (national) days plus a $700 fine (a $200 uplift).


penalty:

Accordingly, Mr McNab’s licence to ride in races is suspended for a period of 7 days commencing after racing on 13 February 2021 and concluding after racing on 27 February 2021 and a fine of $700 was imposed.

No deferment to any proposed suspension was sought.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr M McNab - Rider of ARLINGTON GOLD


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 346ae76f0929f6aeef96ac692429a62b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2c175aac4a2f4c561a6af47f292ebedb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/02/2021


meet_title: Waikato RC - 13 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: GJones


meet_pm2: none


name: Waikato RC