Archive Decision

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Waikato RC 4 October 2013 – R 2

ID: JCA17918

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr M McNab - Licensed Rider of ALMON

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A4286

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 4 October 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2013/10/04

Race Number:
R2

Decision:

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

Penalty:

We grant Mr McNab's request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr McNab which will commence after racing on 10 October and conclude after racing on October 17 (4 days).

The penalty did not include any South Island meetings as Mr McNab confirmed that he did not intend riding at any upcoming South Island meetings.

Charge:

Following race 2, Cambridge Jockey Club 1200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham alleged that near the 250 metres Mr McNab angled his mount ALMON outwards when not clear of LADY CHAPEL (M Hills) which was checked.

Mr McNab acknowledged that he understood the nature of the charge and the Rule.

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

Facts:

Mr Williamson identified that ALMON was travelling well when Mr McNab was looking for racing room at the 250 metres. Shortly after that point Mr McNab angled his mount out when only ¾ of a length clear of LADY CHAPEL which was checked. He noted that ALMON did shift out abruptly when Mr McNab angled his mount out.

Mr McNab told the Committee that Mr Williamson had summed up the incident well. He confirmed his mount was travelling well and ducked out quickly which made the incident look worse.

Submissions for Penalty:

Mr Oatham produced Mr McNab's record which showed 3 previous breaches under this Rule in the last 12 months. He described the interference as mid range and noted LADY CHAPEL run on to finish in 6th place. He submitted a suspension in the range of 4 to 5 days would be appropriate.

Mr McNab advised that he had upcoming commitments at Tauherenikau on October 10, and that any period of suspension could commence after that.

Mr McNab confirmed that he rode only in the North Island.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr McNab's admission of the breach and we assess the level of carelessness as low. We note that LADY CHAPEL was inconvenienced for 2 strides and believe the interference was minor. We did not consider Mr McNab's record under this Rule to be either a mitigating or an aggravating factor.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.

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: ff54928f1b3c876c56d474adf88285e6


informantnumber: A4286


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: Waikato RC 4 October 2013 - R 2


charge:

Following race 2, Cambridge Jockey Club 1200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham alleged that near the 250 metres Mr McNab angled his mount ALMON outwards when not clear of LADY CHAPEL (M Hills) which was checked.

Mr McNab acknowledged that he understood the nature of the charge and the Rule.

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


facts:

Mr Williamson identified that ALMON was travelling well when Mr McNab was looking for racing room at the 250 metres. Shortly after that point Mr McNab angled his mount out when only ¾ of a length clear of LADY CHAPEL which was checked. He noted that ALMON did shift out abruptly when Mr McNab angled his mount out.

Mr McNab told the Committee that Mr Williamson had summed up the incident well. He confirmed his mount was travelling well and ducked out quickly which made the incident look worse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham produced Mr McNab's record which showed 3 previous breaches under this Rule in the last 12 months. He described the interference as mid range and noted LADY CHAPEL run on to finish in 6th place. He submitted a suspension in the range of 4 to 5 days would be appropriate.

Mr McNab advised that he had upcoming commitments at Tauherenikau on October 10, and that any period of suspension could commence after that.

Mr McNab confirmed that he rode only in the North Island.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr McNab's admission of the breach and we assess the level of carelessness as low. We note that LADY CHAPEL was inconvenienced for 2 strides and believe the interference was minor. We did not consider Mr McNab's record under this Rule to be either a mitigating or an aggravating factor.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.


penalty:

We grant Mr McNab's request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr McNab which will commence after racing on 10 October and conclude after racing on October 17 (4 days).

The penalty did not include any South Island meetings as Mr McNab confirmed that he did not intend riding at any upcoming South Island meetings.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr M McNab - Licensed Rider of ALMON


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 84d90ff194b4b8bd50c9c77e0e240b26


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


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meetdate: 04/10/2013


meet_title: Waikato RC - 4 October 2013


meet_expappcomment:


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Waikato RC