Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Canterbury JC 21 September 2019 – R 9 – Chair, Mr S Ching

ID: JCA11357

Applicant:
J McLaughlin- Stipendiary Steward

Respondent(s):
M McNab-Class A Rider

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A11465

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 21 September 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/09/21

Race Number:
R9

Decision:

As McNab admitted that breach the charge was found proved.

Penalty:

Accordingly, Mr McNab’s Class A Jockeys licence is suspended from the conclusion of racing Wednesday 25 September up to and including 4 October 2019.

Facts:

Following the running of Race 9, the Pryde’s Easifeed Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A rider, Mr M McNab, in that he allowed his mount, SUMMER MONSOON, to shift in crowding and checking DREAMTESTA, SENTITO, SUPATWISTA and EXPRESS RIP passing the 250m.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr McNab had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.

Mr McLaughlin with the assistance of Stipendiary Steward, Mr Davidson, gave evidence and used video coverage to show that approaching the 250m, SUMMER MONSOON, ridden by Mr McNab, was wide on the track with DREAMTESTA, ridden by Mr BB Hong, SENTITO, ridden by Mr B Murray, SUPATWISTA, ridden by Mr R Beeharry and EXPRESS RIP, ridden by Mr K Kwo, racing to his inside. Mr Davidson showed on the head on replay, that passing the 250m, Mr McNab shifted in approximately 1 to 1 ½ horse widths when not clear of the runners inside causing crowding and checking to those horses. Mr Davidson stated that Mr McNab was only ½ to ¾ of a length ahead, when firm contact was made. He added that with the contact with DREAMTESTA, this action turned SUMMER MONSOON sideways and making the incident look worse.

Mr McNab said that he was treading a very fine line in the way he was going in the straight. He said he was racing in tight quarters and the incident was exaggerated by the two runners on his inner making contact and shifting out towards him. Mr McNab said the result of this was that contact was made with his mount's hind quarters turning his horse inwards sharply, making the incident look worse.

Submissions for Penalty:

Mr McLaughlin described Mr McNab’s record as very good. He said it showed only one breach of this rule, being a 7-day suspension and a fine, in a Group 2 race at Tauranga on 23 March 2019, over the previous 12 months.

Mr McLaughlin stated that the breach was low to mid-level and that credit should be given for Mr McNab’s admission of the breach and his good record. He stated that the JCA Penalty Guide starting point for a low-level breach of this rule is a 6 National Day suspension. Mr McLaughlin submitted that a 6 to 7 National Day suspension be considered as penalty in this case.

Mr McNab requested a deferment until after racing on Wednesday 25 September as he had commitments for that meeting.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low -range breach of this rule. We agreed with the Stewards and assessed this breach as low to mid, therefore adopting a 7-day starting point. There were no aggravating factors to consider therefore no uplift in penalty warranted. There are however mitigating factors to consider being Mr McNab’s frank admission and his good record, for which a combined discount is afforded. This discount we set at 1 day.

We therefore determined that a 6-day suspension is an appropriate penalty in this case.

Mr McNab’s submission for a deferment until 25 September is granted.

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: 17fc27a68e77927924a036cf031c480c


informantnumber: A11465


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 23/09/2019


hearing_title: Canterbury JC 21 September 2019 - R 9 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 9, the Pryde’s Easifeed Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A rider, Mr M McNab, in that he allowed his mount, SUMMER MONSOON, to shift in crowding and checking DREAMTESTA, SENTITO, SUPATWISTA and EXPRESS RIP passing the 250m.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr McNab had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.

Mr McLaughlin with the assistance of Stipendiary Steward, Mr Davidson, gave evidence and used video coverage to show that approaching the 250m, SUMMER MONSOON, ridden by Mr McNab, was wide on the track with DREAMTESTA, ridden by Mr BB Hong, SENTITO, ridden by Mr B Murray, SUPATWISTA, ridden by Mr R Beeharry and EXPRESS RIP, ridden by Mr K Kwo, racing to his inside. Mr Davidson showed on the head on replay, that passing the 250m, Mr McNab shifted in approximately 1 to 1 ½ horse widths when not clear of the runners inside causing crowding and checking to those horses. Mr Davidson stated that Mr McNab was only ½ to ¾ of a length ahead, when firm contact was made. He added that with the contact with DREAMTESTA, this action turned SUMMER MONSOON sideways and making the incident look worse.

Mr McNab said that he was treading a very fine line in the way he was going in the straight. He said he was racing in tight quarters and the incident was exaggerated by the two runners on his inner making contact and shifting out towards him. Mr McNab said the result of this was that contact was made with his mount's hind quarters turning his horse inwards sharply, making the incident look worse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As McNab admitted that breach the charge was found proved.


sumissionsforpenalty:

Mr McLaughlin described Mr McNab’s record as very good. He said it showed only one breach of this rule, being a 7-day suspension and a fine, in a Group 2 race at Tauranga on 23 March 2019, over the previous 12 months.

Mr McLaughlin stated that the breach was low to mid-level and that credit should be given for Mr McNab’s admission of the breach and his good record. He stated that the JCA Penalty Guide starting point for a low-level breach of this rule is a 6 National Day suspension. Mr McLaughlin submitted that a 6 to 7 National Day suspension be considered as penalty in this case.

Mr McNab requested a deferment until after racing on Wednesday 25 September as he had commitments for that meeting.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low -range breach of this rule. We agreed with the Stewards and assessed this breach as low to mid, therefore adopting a 7-day starting point. There were no aggravating factors to consider therefore no uplift in penalty warranted. There are however mitigating factors to consider being Mr McNab’s frank admission and his good record, for which a combined discount is afforded. This discount we set at 1 day.

We therefore determined that a 6-day suspension is an appropriate penalty in this case.

Mr McNab’s submission for a deferment until 25 September is granted.


penalty:

Accordingly, Mr McNab’s Class A Jockeys licence is suspended from the conclusion of racing Wednesday 25 September up to and including 4 October 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J McLaughlin- Stipendiary Steward


JockeysandTrainer: M McNab-Class A Rider


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a08858d4a907e59ceaea58be840a4e86


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c2cb696618e2c97839f995a2c90705a3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/09/2019


meet_title: Canterbury JC - 21 September 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury JC