R Tauranga 11 December 2015 – R 2 – Chair, Mr A Dooley
ID: JCA17953
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 11 December 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/12/11
Race Number:
Race 2
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
Penalty:
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
Earlier today Mr McNab had his license to ride in races suspended for a period to commence after racing on 19 December and conclude after racing on 28 December 2015 (4 days).
Accordingly, for this breach Mr McNab had his license to ride in races suspended for a period to commence after racing on 28 December and conclude after racing on 3 January 2016 (5 days).
That period of suspension encompasses meetings at Taupo, Stratford, Ellerslie, Tauranga and Thames.
Facts:
Following the running of race 2, Gartshore Construction 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that near the 150 metres Mr McNab angled HOLD ON when not clear of DIVERGENT (M Du Plessis) which was crowded shifting out hampering THE ROVER (S Spratt) and JESSICOVA (L Allpress) with both those runners losing ground.
When the Stipendiary Stewards served the Information on Mr McNab he declined to make a plea. At the commencement of the hearing Mr McNab advised the Committee that he was unsure on which way to plea. Given these exceptional circumstances the Committee advised Mr McNab that he should seek some support and guidance from Riding Master Mr N Harris. Accordingly, we granted Mr McNab a brief adjournment.
After viewing the video footage with Mr Harris he elected to admit the breach and endorsed the Information.
Mr McNab acknowledged that he understood the Rule.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles identified the incident using all the available video films. He showed on the head – on film that Mr McNab angled for a run to the outside of SHOOT TO KILL and his horse improved quickly which resulted in DIVERGENT shifting away from HOLD ON. Mr Coles identified that at that point there was no run available for Mr McNab but he continued to ride his mount forward when his mount was shifting out. He said that Mr McNab had an obligation to take a hold of his mount when he was racing behind SHOOT TO KILL and added at no stage was he the required distance clear. He conceded that there may have been slight inward movement from the outside runner CAPISTRANO PEARL. He noted the worst affected horse was JESSICOVA.
Mr McNab said that Mr Coles summed it up pretty well. He believed there was movement from the outside as well as his outward movement. He also stated that DIVERGENT moved away from his mount on its own accord. He concluded by saying there were green horses involved but admitted he has come out for a marginal run and dictated the runners on his outside.
Submissions for Penalty:
Mr Williamson produced Mr McNab’s record which showed 7 previous breaches under this Rule in the last 12 months the most recent being 5 December which incurred a 5 day suspension. He submitted today’s breach was in the mid to high range and stated there was some mitigation in that DIVERGENT moved away from HOLD ON in the initial stages of the incident. He said the onus was on Mr McNab to maintain his correct line and noted there were 2 horses that were significantly affected. He submitted an appropriate penalty would be a suspension of 5 to 7 days.
Mr McNab told the Committee that he had commitments all over the Christmas period and intended to ride all over the country. He submitted that there was some mitigation in that horses were already checking before he moved completely out.
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
Mr McNab asked the Committee to consider imposing a suspension and a fine for his second breach today. He submitted that he would like to ride on 1 January 2016 at Ellerslie.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr McNab’s admission of the breach and we accept there was some slight mitigation in the incident from the greenness of some of the other horses affected. However, this has to be balanced against Mr McNab's record which we assess as poor and the incident was clearly in the mid – range because Mr McNab continued to ride his mount forward when it was shifting ground and not sufficiently clear, these were aggravating factors.
The Committee did consider Mr McNab’s request for a suspension / fine combination. In our opinion there were no compelling or exceptional circumstances placed before us to merit a combined penalty in this case.
Normally this type of breach would incur a 6 day suspension however the Committee has factored into the penalty the fact that Mr McNab will not be riding at Ellerslie on 1 January 2016 which is a Premier day. We consider this date warrants a 1 day reduction in penalty given the significant prize money on offer.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
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: dc11d955abe0316c77da9271e2727c1d
informantnumber: A7574
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2015
hearing_title: R Tauranga 11 December 2015 - R 2 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 2, Gartshore Construction 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that near the 150 metres Mr McNab angled HOLD ON when not clear of DIVERGENT (M Du Plessis) which was crowded shifting out hampering THE ROVER (S Spratt) and JESSICOVA (L Allpress) with both those runners losing ground.
When the Stipendiary Stewards served the Information on Mr McNab he declined to make a plea. At the commencement of the hearing Mr McNab advised the Committee that he was unsure on which way to plea. Given these exceptional circumstances the Committee advised Mr McNab that he should seek some support and guidance from Riding Master Mr N Harris. Accordingly, we granted Mr McNab a brief adjournment.
After viewing the video footage with Mr Harris he elected to admit the breach and endorsed the Information.
Mr McNab acknowledged that he understood the Rule.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles identified the incident using all the available video films. He showed on the head – on film that Mr McNab angled for a run to the outside of SHOOT TO KILL and his horse improved quickly which resulted in DIVERGENT shifting away from HOLD ON. Mr Coles identified that at that point there was no run available for Mr McNab but he continued to ride his mount forward when his mount was shifting out. He said that Mr McNab had an obligation to take a hold of his mount when he was racing behind SHOOT TO KILL and added at no stage was he the required distance clear. He conceded that there may have been slight inward movement from the outside runner CAPISTRANO PEARL. He noted the worst affected horse was JESSICOVA.
Mr McNab said that Mr Coles summed it up pretty well. He believed there was movement from the outside as well as his outward movement. He also stated that DIVERGENT moved away from his mount on its own accord. He concluded by saying there were green horses involved but admitted he has come out for a marginal run and dictated the runners on his outside.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr McNab’s record which showed 7 previous breaches under this Rule in the last 12 months the most recent being 5 December which incurred a 5 day suspension. He submitted today’s breach was in the mid to high range and stated there was some mitigation in that DIVERGENT moved away from HOLD ON in the initial stages of the incident. He said the onus was on Mr McNab to maintain his correct line and noted there were 2 horses that were significantly affected. He submitted an appropriate penalty would be a suspension of 5 to 7 days.
Mr McNab told the Committee that he had commitments all over the Christmas period and intended to ride all over the country. He submitted that there was some mitigation in that horses were already checking before he moved completely out.
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
Mr McNab asked the Committee to consider imposing a suspension and a fine for his second breach today. He submitted that he would like to ride on 1 January 2016 at Ellerslie.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr McNab’s admission of the breach and we accept there was some slight mitigation in the incident from the greenness of some of the other horses affected. However, this has to be balanced against Mr McNab's record which we assess as poor and the incident was clearly in the mid – range because Mr McNab continued to ride his mount forward when it was shifting ground and not sufficiently clear, these were aggravating factors.
The Committee did consider Mr McNab’s request for a suspension / fine combination. In our opinion there were no compelling or exceptional circumstances placed before us to merit a combined penalty in this case.
Normally this type of breach would incur a 6 day suspension however the Committee has factored into the penalty the fact that Mr McNab will not be riding at Ellerslie on 1 January 2016 which is a Premier day. We consider this date warrants a 1 day reduction in penalty given the significant prize money on offer.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
penalty:
Mr McNab confirmed that he incurred a suspension at Auckland on 5 December. That suspension is to begin after racing on 12 December and to conclude after racing on 19 December 2015.
Earlier today Mr McNab had his license to ride in races suspended for a period to commence after racing on 19 December and conclude after racing on 28 December 2015 (4 days).
Accordingly, for this breach Mr McNab had his license to ride in races suspended for a period to commence after racing on 28 December and conclude after racing on 3 January 2016 (5 days).
That period of suspension encompasses meetings at Taupo, Stratford, Ellerslie, Tauranga and Thames.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Sitpendiary Steward
JockeysandTrainer: Mr M McNab - Licensed Rider
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a0654e13108697e7bbc9b8bca24d6cef
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
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meetid: 58e22cdf6040b90ab87f49d83b5208e6
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meetdate: 11/12/2015
meet_title: Racing Tauranga - 11 December 2015
meet_expappcomment:
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tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Racing Tauranga