Canterbury R 7 November 2020 – R 3 – Chair, Mr S Ching
ID: JCA13536
Code:
Thoroughbred
Meet Title:
Canterbury JC - 7 November 2020
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/11/07
Race Number:
R3
Decision:
Mr McNab having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr McNab is fined the sum of $750.
Facts:
Following the running of Race 3, the Christchurch Casino Premier, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr M McNab, alleging that, as the rider of CEDDY SMITH in the race, he struck his mount 9 times prior to the 100m.
Mr McNab was not present at the hearing of the Information and had endorsed the Information that the breach was admitted.
Mr McNab had also endorsed the information that he did not want to be present at the hearing.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 600-700 metres of the race. He indicated Mr McNab riding CEDDY SMITH, positioned mid-field when approaching the home turn. Mr Oatham pointed out Mr McNab, who drew the whip and used it on three occasions near the 600m. He then showed Mr McNab draw the whip again inside the 400m and use it on a further 6 occasions prior to the 100m. Mr Oatham stated that the strikes were well spaced and not consecutive in manner.
Submissions for Penalty:
Mr Oatham told the Committee that Mr McNab had one previous breach of this Rule being at Wellington on 11 January 2020 in a Group 3 race where he received a 6 day suspension and $200 fine for 9 strikes. Mr Oatham stated that the JCA Penalty Guide provided a $500 starting point for a 2nd breach of this Rule. He submitted that the breach was low range with the aggravating factor being that Mr McNab went on to win the race by a narrow margin, a long head.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine for a second offence of this Rule. We agreed with Mr Oatham that the breach was low level as the strikes were well spaced and not consecutive. There was, however, an aggravating factor to consider, that Mr McNab got up to win the race by a narrow margin, which we determined, warranted an uplift. This uplift we set at $250.
We therefore determined that a fine of $750 was an appropriate penalty.
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: 428f52035477c4dcdfc2af6b70e8e1c8
informantnumber: A12805
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/11/2020
hearing_title: Canterbury R 7 November 2020 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Christchurch Casino Premier, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr M McNab, alleging that, as the rider of CEDDY SMITH in the race, he struck his mount 9 times prior to the 100m.
Mr McNab was not present at the hearing of the Information and had endorsed the Information that the breach was admitted.
Mr McNab had also endorsed the information that he did not want to be present at the hearing.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 600-700 metres of the race. He indicated Mr McNab riding CEDDY SMITH, positioned mid-field when approaching the home turn. Mr Oatham pointed out Mr McNab, who drew the whip and used it on three occasions near the 600m. He then showed Mr McNab draw the whip again inside the 400m and use it on a further 6 occasions prior to the 100m. Mr Oatham stated that the strikes were well spaced and not consecutive in manner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McNab having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr McNab had one previous breach of this Rule being at Wellington on 11 January 2020 in a Group 3 race where he received a 6 day suspension and $200 fine for 9 strikes. Mr Oatham stated that the JCA Penalty Guide provided a $500 starting point for a 2nd breach of this Rule. He submitted that the breach was low range with the aggravating factor being that Mr McNab went on to win the race by a narrow margin, a long head.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine for a second offence of this Rule. We agreed with Mr Oatham that the breach was low level as the strikes were well spaced and not consecutive. There was, however, an aggravating factor to consider, that Mr McNab got up to win the race by a narrow margin, which we determined, warranted an uplift. This uplift we set at $250.
We therefore determined that a fine of $750 was an appropriate penalty.
penalty:
Accordingly, Mr McNab is fined the sum of $750.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr M McNab Licensed Jockey (Class A)
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1b464debfd1f4ef055944865f8420abd
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: bb5c582cc2b29d976e5767d15b7eaa25
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/11/2020
meet_title: Canterbury JC - 7 November 2020
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