Appeal M McNab v RIU – Costs Decision of Appeals Tribunal dated 31 March 2016 – Chair, Mr M McKechnie

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hearing_title: Appeal M McNab v RIU - Costs Decision of Appeals Tribunal dated 31 March 2016 - Chair, Mr M McKechnie

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Decision:

BEFORE AN APPEALS TRIBUNAL OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the New Zealand Thoroughbred Rules of Racing

MICHAEL MCNAB, Licensed Jockey

APPELLANT

RACING INTEGRITY UNIT

RESPONDENT

Appeals Tribunal: Mr Murray McKechnie, Chairman & Mr Adrian Dooley

Present: Mr Michael McNab, Licenced Jockey

Mr Phillip Cornege, Counsel for Mr McNab

Mr Chris McNab, Licenced Trainer

Mr Darryl Lang, Licenced Trainer

Mr Tony Pike, Licenced Trainer

Mr Kevin Booth, Mr McNab’s agent

Mr John Oatham, Senior Stipendiary Steward

Mr Liam Tidmarsh, Stipendiary Steward

Mr Brady Jones, Registrar

HEARD AT TE RAPA RACECOURSE ON THURSDAY 3 MARCH 2016

DECISION OF APPEALS TRIBUNAL 31ST DAY OF MARCH 2016 AS TO COSTS

1. INTRODUCTION

1.1 The Appeals Tribunal conducted a hearing at Te Rapa Racecourse on the 3rd day of March 2016. A decision was announced at the conclusion of the hearing and that was written up and dated the 9th day of March 2016.

1.2 In the written decision the parties were asked to address the question of costs. It had not been possible to deal with this during the course of the hearing on 3rd March.

1.3 Submissions have now been received from Mr Oatham on behalf of the RIU and from Mr Cornege counsel for Mr McNab.

1.4 The Tribunal indicated its preliminary view in the addendum to the written decision dated 9th March 2016.

2. THE RIU POSITION

2.1 Mr Oatham in his commendably brief submissions notes that while the substantive part of the appeal against the finding of careless riding was dismissed the appeal against the penalty was granted and the period of suspension reduced from fourteen (14) days to eleven (11) days. The submissions go on to explain that the only direct cost incurred which would be sought by the RIU is the sum of $129.38 (inclusive of GST) which was the cost of preparing the transcript of the original careless riding hearing which had taken place on raceday at the Wairoa Race Course.

3. THE POSITION TAKEN FOR MR MCNAB

3.1 Mr Cornege submits that the appeal against the finding of careless riding while unsuccessful was not without merit. These submissions also draw attention to the reduction of the period of suspension imposed.

3.2 There is reference to the appeal in Jones v RIU with which the Tribunal is familiar. The circumstances of that appeal differs somewhat from the position here: in particular there was not application to stay the term of suspension which had been imposed.

3.3 The submissions from Mr Cornege acknowledge that there were application(s) for stay by Mr McNab which were unsuccessful.

4. DISCUSSION

4.1 The Tribunal accepts that Mr McNab’s appeal was not without merit. While the Tribunal upheld the finding of careless riding the grounds for reaching that decision were somewhat different from those which had been arrived at by the Raceday Judicial Committee. Further the Tribunal, as noted above, reduced the period of suspension from fourteen (14) days to eleven (11) days.

4.2 Mr McNab made repeated applications for a stay of proceedings and/or an adjournment of the hearing of the appeal. An application for a stay or deferment was made even after the Tribunal had pronounced its decision on 3rd March this year. Those applications for stay and/or deferment were founded upon Mr McNab seeking to ride in the New Zealand Derby and possibly in the Auckland Cup. Previous decisions of Non-Raceday Judicial Committees and Appeal Tribunals have made it clear that when a stay or deferment is sought in order that a jockey might ride at a significant upcoming meeting it is important for the JCA to hear and determine the appeal upon its merits as soon as that can be arranged. Arrangements were put in place to hear Mr McNab’s appeal promptly. Applications for a stay or deferment of suspension based solely upon significant upcoming rides that might be available to the jockey is not a circumstance which of itself justifies any stay or deferment. The Tribunal sought to make this clear in its first ruling but notwithstanding that a further application was made and, as already recorded, yet another application made following the hearing on3rd March at Te Rapa. None of those applications had any realistic prospect of succeeding. A consideration of these applications involved significant time for the members of the Tribunal and some expense in arranging a telephone conference.

4.3 With reference to Mr McNab’s appeal against the finding of careless riding and the period of suspension the Tribunal takes the view that given the conclusions which it reached no award of costs need be made to the JCA. In respect of the RIU there will be costs payable by Mr McNab in the sum of $129.38.

4.4 With reference to the applications for stay and/or deferment of the suspension Mr McNab will not be required to make any payment to the RIU. He will however be required to make a contribution towards the cost and expenses incurred by the JCA in respect of those applications. The sum which is ordered to be paid to the JCA is $1,500.00.

DATED this 31st day of March 2016

Murray McKechnie

Chairman

(Signed pursuant to Rule 920(4))

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