Archive Decision

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Hawkes Bay R 1 March 2014 – R 4 & 6

ID: JCA13367

Applicant:
Mr N Goodwin - Sitpendiary Steward

Respondent(s):
Mr M McNab - Licensed Rider

Other Person:
Mr L Tidmarsh - Trainee Stipendiary Steward

Information Number:
A4023

Hearing Type:
Hearing

New Charge:
Overweight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 1 March 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2014/03/01

Race Number:
Race 4

Decision:

As Mr McNab admitted the breach the charge was found to be proved.

Penalty:

Accordingly Mr McNab is suspended from the close of racing today March 1st up to and including racing on Sunday March 9th – in effect four riding days. Mr McNab advised the committee he had no confirmed riding commitments within the next seven days and said he rode only in the North and Central Districts.

The days concerned therefore are:

5/2/14 Auckland

7/2/14 Otaki

8/2/14 Auckland

9/2/14 Tauherenikau

Facts:

Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 330 (3) (c) in that M McNab failed to make the carded weight for LIGHT UP A SCREEN in race 4 and CURSIVE in race 6.

Mr McNab arrived on course 1 kg over the weight he was contracted to ride at. The connections of both horses had accepted that he might be half a kilo over but when found to be 1 kg over he was replaced on both rides.

Mr McNab said he had been sick for a couple of weeks due to wasting and that is why he could not get down to ride at 56.5 kilos despite spending some time in the sauna today prior to the races.

Submissions for Penalty:

Mr Goodwin said Mr McNab’s record was “not flash.” He had very recently been fined at Wairoa and had two previous charges in December 2013. The committee eventually managed to ascertain Mr McNab’s full record for 2013:

10/4/13                $100

18/5/13                $200

12/6/13                $350

19/10/13              $100

13/12/13              $200

30/12/13              $450

20/2/14                $500

The $100 and $200 fines were by way of the minor infringement system whereas the remainder were placed before race day judicial committees. 

Mr Goodwin said normally they would be looking for a suspension but due to Mr McNab signing a riding contract in Macau they were prepared to consider a fine. This would however be his last chance. The stewards’ submission was for a fine of not less than $500.

Mr McNab explained that he was concerned a suspension might jeopardise his riding contract in Macau. He signed a 3 month contract two weeks ago with the Macau Jockey Club as a freelance rider and was expecting to leave in one month’s time. Following questions from the committee he said he did not know for certain if a suspension would affect his contract, he was only surmising.

Reasons for Penalty:

In coming to a decision on penalty the committee considered all of the facts and submissions. Mr McNab has a poor record which clearly indicates that previous penalties have not served as a sufficient deterrent. In the past 12 months he has been fined seven times, the most recent less than 2 weeks ago. Judicial committees prior to today had warned Mr McNab that if he continued to present overweight he could reasonably expect a suspension of his rider’s license.

It is this committee’s opinion that a riding contract in Macau in one month’s time is not sufficient reason for us to deviate from the fact that other riders with similar records have received suspensions. Mr McNab does not know for certain if a suspension will affect his contract in any way and the submissions put before us today by both parties have not been enough to persuade us that he should be given another chance.

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: 6898e680e21158355691a400b6622a54


informantnumber: A4023


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Overweight


plea: admitted


penaltyrequired: 1


decisiondate: 23/02/2014


hearing_title: Hawkes Bay R 1 March 2014 - R 4 & 6


charge:


facts:

Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 330 (3) (c) in that M McNab failed to make the carded weight for LIGHT UP A SCREEN in race 4 and CURSIVE in race 6.

Mr McNab arrived on course 1 kg over the weight he was contracted to ride at. The connections of both horses had accepted that he might be half a kilo over but when found to be 1 kg over he was replaced on both rides.

Mr McNab said he had been sick for a couple of weeks due to wasting and that is why he could not get down to ride at 56.5 kilos despite spending some time in the sauna today prior to the races.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNab admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Goodwin said Mr McNab’s record was “not flash.” He had very recently been fined at Wairoa and had two previous charges in December 2013. The committee eventually managed to ascertain Mr McNab’s full record for 2013:

10/4/13                $100

18/5/13                $200

12/6/13                $350

19/10/13              $100

13/12/13              $200

30/12/13              $450

20/2/14                $500

The $100 and $200 fines were by way of the minor infringement system whereas the remainder were placed before race day judicial committees. 

Mr Goodwin said normally they would be looking for a suspension but due to Mr McNab signing a riding contract in Macau they were prepared to consider a fine. This would however be his last chance. The stewards’ submission was for a fine of not less than $500.

Mr McNab explained that he was concerned a suspension might jeopardise his riding contract in Macau. He signed a 3 month contract two weeks ago with the Macau Jockey Club as a freelance rider and was expecting to leave in one month’s time. Following questions from the committee he said he did not know for certain if a suspension would affect his contract, he was only surmising.


reasonsforpenalty:

In coming to a decision on penalty the committee considered all of the facts and submissions. Mr McNab has a poor record which clearly indicates that previous penalties have not served as a sufficient deterrent. In the past 12 months he has been fined seven times, the most recent less than 2 weeks ago. Judicial committees prior to today had warned Mr McNab that if he continued to present overweight he could reasonably expect a suspension of his rider’s license.

It is this committee’s opinion that a riding contract in Macau in one month’s time is not sufficient reason for us to deviate from the fact that other riders with similar records have received suspensions. Mr McNab does not know for certain if a suspension will affect his contract in any way and the submissions put before us today by both parties have not been enough to persuade us that he should be given another chance.


penalty:

Accordingly Mr McNab is suspended from the close of racing today March 1st up to and including racing on Sunday March 9th – in effect four riding days. Mr McNab advised the committee he had no confirmed riding commitments within the next seven days and said he rode only in the North and Central Districts.

The days concerned therefore are:

5/2/14 Auckland

7/2/14 Otaki

8/2/14 Auckland

9/2/14 Tauherenikau


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr N Goodwin - Sitpendiary Steward


JockeysandTrainer: Mr M McNab - Licensed Rider


Otherperson: Mr L Tidmarsh - Trainee Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 293bdad550cb1d8c6d5eec2a10ce2d30


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: efcba3b718397e3b7ab289c7e136bdec


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/03/2014


meet_title: Hawkes Bay RI - 1 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TUtikere


meet_pm2: none


name: Hawkes Bay RI