Waikato RC 4 May 2019 – R 6 and R 9 (heard 8 May 2019 at Matamata) – Chair, Mr A Dooley

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startdate: 04/05/2019

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hearing_title: Waikato RC 4 May 2019 - R 6 and R 9 (heard 8 May 2019 at Matamata) - Chair, Mr A Dooley

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Waikato RC 4 May 2019 - R 6 & R 9 (Adjourned Hearing Heard at Matamata RC on 8 May 2019) – Chair, Mr A Dooley

Informant: Mr M Williamson – Senior Stipendiary Steward

Respondent: Mr M McNab – Class A Rider

Information No: A11097

Rule: 330(3) (c)

Judicial Committee: Mr A Dooley – Chair

Charge: Failed to make the weight for 2 horses

Plea: Admitted

Evidence

This charge arises from the Waikato RC on 4 May 2019 where an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Williamson, alleged that Mr McNab was unable to make the weight for SCORPZ in race 6 and TIA CELESTE in race 9.

Rule 330(3)(c) provides:

(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry;

Mr McNab did not attend the race meeting on 4 May with the Information being opened and adjourned until 8 May at the Matamata RC.

Mr McNab said that he understood the Rule and endorsed the Information that he admitted the breach and was present at the hearing.

Mr Williamson advised the Committee that Mr McNab’s Manager called him at 9.20 am on race morning to say that he was unable to make the weight for SCORPZ and TIA CELESTE. He said because SCORPZ was contesting a Black Type race the Stewards elected to file anInformation and not a Minor Infringement. He said that Mr McNab breached this Rule on 3 May 2019 and was fined $100 under the Minor Infringement System. He stated that Mr McNab had assured the Stewards that he would be able to make the weight the following day.

Mr Williamson said that Mr McNab has an obligation to make the carded weight and by not doing so he had let down the connections. He advised that the Stewards had a good talk with Mr McNab and it was agreed that a weight restriction of 57.5 kg be placed on him until such time as he can get his weight under control. He added that after this weekend Mr D Williams will be Mr McNab’s Manager.

Mr McNab said that he accepted all the evidence of Mr Williamson. He said that he has just resumed race riding after a 6 weeks lay off which was due to personal reasons.

Mr Mansour was the replacement rider on both SCORPZ and LA CELESTE.

Decision

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

Submissions For Penalty

Mr Williamson said that given the circumstances of this breach the Stewards believed it was necessary to file an Information and not a Minor Infringement. He said that Mr McNab showed genuine remorse and he has accepted in the interim his weight restriction. He submitted a fine in the vicinity of $500 would be appropriate.

Mr McNab recognised that a fine would be imposed but made no submissions on penalty.

Reasons For Penalty

The Committee considered all the evidence and submissions presented.

This is Mr McNab’s 2nd breach under this Rule in the last 120 days which would generally be dealt with by way of a Minor Infringement. However, as SCORPZ was engaged to contest a Listed race worth $50,000 warrants an uplift in penalty. This is in accordance with Rule 920(2) in which Committees have regard for the status of the race, the stakes payable and the consequential effects upon any person or horse as a result of the breach of the Rule.

In failing to make the handicapped weight Mr McNab has let down the connections and the betting public. The connections were disadvantaged at finding suitable replacement riders at late notice.

To Mr McNab’s credit he has agreed to ride at 57.5 kg and above in the upcoming weeks.

After considering all the circumstances of this breach the Committee deemed that a $500 fine would be an appropriate penalty.

Penalty

Mr McNab was fined $500.

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hearing_type: Old Hearing

Rules: 330(3)(c)

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