Ashburton RC 21 October 2017 – R 3 – Chair, Mr S Ching
ID: JCA13454
Code:
Thoroughbred
Meet Title:
Ashburton RC - 21 October 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Meet Committee Member 2:
HWeston
Race Date:
2017/10/21
Race Number:
R3
Decision:
As Mr McNab had admitted the breach, it was found to be proved.
Penalty:
Accordingly, Mr McNab was suspended from the conclusion of racing on 28 October, up to and including 3 November 2017. Meetings encompassed in this period are Auckland on 1 November, Gore on 2 November and New Plymouth on 3 November 2017.
Facts:
Information A09707 was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr M McNab, alleging that “Mr McNab failed to make the contracted weight in Race 3 on IMPERIUM and Race 11 on SHARPE ELLE”.
Rule 330(3)(c) reads as follows:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry; or
Mr McNab had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also confirmed he understood the charge and the Rule it was brought under.
Mr Davidson stated that Mr McNab had been contracted to ride IMPERIUM in Race 3 at 55.5kg and was unable to make the weight. He said that Mr McNab had been replaced by L Callaway in this race. Mr Davidson stated that Mr McNab was also contracted to ride SHARP ELLE in Race 11 at 55.5kg and again was unable to make the contracted weight. He was replaced by C Barnes in this race. He said that there was an allowance up to .9 kg but Mr McNab was at about 1.1kg over for both rides.
Mr McNab stated that he had ridden at 55.5kg at the races the day before and had flown down late last night. He said he had to get up at 5am this morning to ride work and didn’t get to the sauna until late. He conceded that this was no excuse and that he was responsible for getting his weight correct on the day.
Submissions for Penalty:
Mr Davidson stated that this was Mr McNab’s 6th breach of this Rule since February this year. Mr McNab’s record showed a $100 fine at Tauherenikau on 6 February, $200 at Te Rapa on 6 May, $300 at Te Rapa on 20 May, $350 at Te Rapa on 10 June, $350 at Matamata on 26 July and $400 at Riccarton on 7 October. Mr Davidson stated that due to Mr McNab’s poor record, the Stewards would be seeking a suspension on this occasion. He stated that Mr Mc Nab was a national rider and after taking all factors into account, submitted that a 3-day suspension be considered as penalty in this case. This break, he suggested, may allow Mr McNab to assist in him getting his weight stabilised.
Mr McNab agreed with Mr Davidson’s submission for a suspension. He said that he had received a lot of fines over the last year and needed time out to try and get his weight under control.
Deferment of penalty was discussed with Mr McNab requesting a 7-day deferment until after racing on 28 October 2017, as he had commitments up to that date.
Reasons for Penalty:
In determining penalty, the Committee took into consideration all aggravating and mitigating factors. The major aggravating factor was Mr McNab’s record, which we found was poor with this being the 7th breach of this rule since February this year. We agreed with the Stewards that a suspension was an appropriate penalty in his case. Mr McNab also agreed that a suspension was inevitable considering his record. The Committee determined that an appropriate penalty in this case, was a suspension of 3 National days. Mr McNab’s application for a deferment until after racing on 28 October was granted with his licence being suspended up to and including 3 November 2017.
JCA Decision Fields (raw)
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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: 39c394be3b7927b666f8fbb8a9aa5d3a
informantnumber: A09707
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 330(3)
plea: admitted
penaltyrequired: 1
decisiondate: 24/10/2017
hearing_title: Ashburton RC 21 October 2017 - R 3 - Chair, Mr S Ching
charge:
facts:
Information A09707 was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr M McNab, alleging that “Mr McNab failed to make the contracted weight in Race 3 on IMPERIUM and Race 11 on SHARPE ELLE”.
Rule 330(3)(c) reads as follows:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry; or
Mr McNab had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also confirmed he understood the charge and the Rule it was brought under.
Mr Davidson stated that Mr McNab had been contracted to ride IMPERIUM in Race 3 at 55.5kg and was unable to make the weight. He said that Mr McNab had been replaced by L Callaway in this race. Mr Davidson stated that Mr McNab was also contracted to ride SHARP ELLE in Race 11 at 55.5kg and again was unable to make the contracted weight. He was replaced by C Barnes in this race. He said that there was an allowance up to .9 kg but Mr McNab was at about 1.1kg over for both rides.
Mr McNab stated that he had ridden at 55.5kg at the races the day before and had flown down late last night. He said he had to get up at 5am this morning to ride work and didn’t get to the sauna until late. He conceded that this was no excuse and that he was responsible for getting his weight correct on the day.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab had admitted the breach, it was found to be proved.
sumissionsforpenalty:
Mr Davidson stated that this was Mr McNab’s 6th breach of this Rule since February this year. Mr McNab’s record showed a $100 fine at Tauherenikau on 6 February, $200 at Te Rapa on 6 May, $300 at Te Rapa on 20 May, $350 at Te Rapa on 10 June, $350 at Matamata on 26 July and $400 at Riccarton on 7 October. Mr Davidson stated that due to Mr McNab’s poor record, the Stewards would be seeking a suspension on this occasion. He stated that Mr Mc Nab was a national rider and after taking all factors into account, submitted that a 3-day suspension be considered as penalty in this case. This break, he suggested, may allow Mr McNab to assist in him getting his weight stabilised.
Mr McNab agreed with Mr Davidson’s submission for a suspension. He said that he had received a lot of fines over the last year and needed time out to try and get his weight under control.
Deferment of penalty was discussed with Mr McNab requesting a 7-day deferment until after racing on 28 October 2017, as he had commitments up to that date.
reasonsforpenalty:
In determining penalty, the Committee took into consideration all aggravating and mitigating factors. The major aggravating factor was Mr McNab’s record, which we found was poor with this being the 7th breach of this rule since February this year. We agreed with the Stewards that a suspension was an appropriate penalty in his case. Mr McNab also agreed that a suspension was inevitable considering his record. The Committee determined that an appropriate penalty in this case, was a suspension of 3 National days. Mr McNab’s application for a deferment until after racing on 28 October was granted with his licence being suspended up to and including 3 November 2017.
penalty:
Accordingly, Mr McNab was suspended from the conclusion of racing on 28 October, up to and including 3 November 2017. Meetings encompassed in this period are Auckland on 1 November, Gore on 2 November and New Plymouth on 3 November 2017.
hearing_type: Hearing
Rules: 330(3)
Informant: M Davidson- Stipendiary Steward
JockeysandTrainer: M McNab-Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6072f983b57a561944569d9eacf40820
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e47818fdd4c586c1871fb0da540ea459
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/10/2017
meet_title: Ashburton RC - 21 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: HWeston
name: Ashburton RC