R Tauranga 23 March 2019 – R 7 – Chair, Mr A Godsalve
ID: JCA14161
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 23 March 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2019/03/23
Race Number:
R7
Decision:
As Mr McNab has admitted the breach we find the charge proved.
Penalty:
Mr McNab's license to ride in races was therefore suspended from after racing on 23 March until after the completion of racing on Friday 5th April 2019, a suspension of 7 national riding days. We did not take the following racedays into consideration when assessing this suspension:
24th, 25th March - riding declarations already published,
29th March - Apprentice only raceday.
In addition we imposed a fine of $750 on Mr McNab.
Facts:
Following the running of Race 7, the Windsor Park Stud Japan NZ International Trophy (a Group 2 race) an Information was presented by Mr Williamson in which he alleged that Mr McNab 'allowed his mount VOLPE VELOCE' to shift in when not sufficiently clear of TRUE ENOUGH which was checked near the 250 metres'.
Mr McNab was present at the hearing and acknowledged that:
(a) He understood the Rule, and
(b) That he admitted the breach.
Rule 638(1)(d) provides that 'A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.
Using the films Mr Jones identified the horses involved in this incident as the field approached the 250 metres mark. At this point VOLPE VELOCE was making a strong run from mid-field in the centre of the track. Behind her and a bare length away was TRUE ENOUGH, ridden by Mr C Grylls. Inside TRUE ENOUGH was NICOLETTA ridden by Mr R Elliot. Mr Jones pointed out that NICOLETTA had made a slight outwards movement towards TRUE ENOUGH which had momentarily inconvienienced TRUE ENOUGH. Mr Jones then pointed out that Mr McNab was riding forward on VOLPE VELOCE and angled inwards towards the line of TRUE ENOUGH. He said that VOLPE VELOCE had been a bare length ahead of TRUE ENOUGH, and that Mr Grylls had to take a hold of his mount when it had run out of room.
Mr McNab acknowledged that he had shifted in when not sufficiently clear of TRUE ENOUGH, and had therefore caused interference to that horse. He added that in his opinion NICOLETTA had contributed to the incident by shifting out lightly towards TRUE ENOUGH.
Submissions for Penalty:
Mr Williamson referred to Mr McNab's riding record in the preceding 12 months. He said that in respect to the subject Rule, Mr McNab had no breaches recorded against him. He did add that for 4 months of that time Mr McNab had been riding in Queensland.
He added that the Stewards considered this incident to be at the low end of the scale, and that it was to his credit that Mr McNab had admitted the breach. Mr Williamson said that he believed that there had been 'some' contribution to the incident by NICOLETTA when she had shifted out towards TRUE ENOUGH. However Mr Williamson conceded that as the race concerned held Group 2 status there would invariably be an uplift on any suspension imposed on Mr McNab.
Mr McNab advised the Committee that he had no committments and could begin any period of suspension immediately.
Reasons for Penalty:
The Committee reviewed the films without the parties being present. It was evident to us that Mr McNab was riding his mount forward near the 250 metres mark when the horse shifted inwards into the line of TRUE ENOUGH when a bare length ahead of that horse. As a result Mr Grylls was forced to take a hold of TRUE ENOUGH and that caused the horse to lose some momentum.
We also made note that just prior to this incident NICOLETTA had shifted out slightly towards TRUE ENOUGH before being quickly straightened by rider Mr R Elliot. The Committee does not believe this incident had any bearing on the interference suffered by TRUE ENOUGH caused by VOLPE VELOCE.
(a) VOLPE VELOCE went on to win the race,
(b) TRUE ENOUGH made a strong late run to finish into 3rd place, finishing one length from VOLPE VELOCE.
We took into account Mr McNab's clear record relative to this Rule and his admission of the breach. We assessed the level of carelessness to be in the low-mid range on the scale of seriousness and therefore adopted a starting point of a 7 day suspension. For the mitigating factors referred to we allowed Mr McNab a 2 day reduction in Penalty.
Rule 920(2) requires Committees to take into account:
(a) The Status of the race involved (a Group 2 race)
(b) The stake payable in repect of the race ($100,000)
(c) Any consequential effects on any horse/person as a result of the breach.
For the above reasons the Committee applied an uplift of 2 days on any penalty we would have otherwise applied.
It was apparent that TRUE ENOUGH had its momentum interefered with by VOLPE VELOCE and had subsequently finished strongly into 3rd place. The Committee also determined that as Mr McNab had gone on to win the race that a fine should form part of any penalty we were to impose, in accordance with other fines imposed on riders in similar circumstances.
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: a0cb6b2cde8161f4282e567352b0d8a4
informantnumber: A11085
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 24/03/2019
hearing_title: R Tauranga 23 March 2019 - R 7 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 7, the Windsor Park Stud Japan NZ International Trophy (a Group 2 race) an Information was presented by Mr Williamson in which he alleged that Mr McNab 'allowed his mount VOLPE VELOCE' to shift in when not sufficiently clear of TRUE ENOUGH which was checked near the 250 metres'.
Mr McNab was present at the hearing and acknowledged that:
(a) He understood the Rule, and
(b) That he admitted the breach.
Rule 638(1)(d) provides that 'A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.
Using the films Mr Jones identified the horses involved in this incident as the field approached the 250 metres mark. At this point VOLPE VELOCE was making a strong run from mid-field in the centre of the track. Behind her and a bare length away was TRUE ENOUGH, ridden by Mr C Grylls. Inside TRUE ENOUGH was NICOLETTA ridden by Mr R Elliot. Mr Jones pointed out that NICOLETTA had made a slight outwards movement towards TRUE ENOUGH which had momentarily inconvienienced TRUE ENOUGH. Mr Jones then pointed out that Mr McNab was riding forward on VOLPE VELOCE and angled inwards towards the line of TRUE ENOUGH. He said that VOLPE VELOCE had been a bare length ahead of TRUE ENOUGH, and that Mr Grylls had to take a hold of his mount when it had run out of room.
Mr McNab acknowledged that he had shifted in when not sufficiently clear of TRUE ENOUGH, and had therefore caused interference to that horse. He added that in his opinion NICOLETTA had contributed to the incident by shifting out lightly towards TRUE ENOUGH.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Williamson referred to Mr McNab's riding record in the preceding 12 months. He said that in respect to the subject Rule, Mr McNab had no breaches recorded against him. He did add that for 4 months of that time Mr McNab had been riding in Queensland.
He added that the Stewards considered this incident to be at the low end of the scale, and that it was to his credit that Mr McNab had admitted the breach. Mr Williamson said that he believed that there had been 'some' contribution to the incident by NICOLETTA when she had shifted out towards TRUE ENOUGH. However Mr Williamson conceded that as the race concerned held Group 2 status there would invariably be an uplift on any suspension imposed on Mr McNab.
Mr McNab advised the Committee that he had no committments and could begin any period of suspension immediately.
reasonsforpenalty:
The Committee reviewed the films without the parties being present. It was evident to us that Mr McNab was riding his mount forward near the 250 metres mark when the horse shifted inwards into the line of TRUE ENOUGH when a bare length ahead of that horse. As a result Mr Grylls was forced to take a hold of TRUE ENOUGH and that caused the horse to lose some momentum.
We also made note that just prior to this incident NICOLETTA had shifted out slightly towards TRUE ENOUGH before being quickly straightened by rider Mr R Elliot. The Committee does not believe this incident had any bearing on the interference suffered by TRUE ENOUGH caused by VOLPE VELOCE.
(a) VOLPE VELOCE went on to win the race,
(b) TRUE ENOUGH made a strong late run to finish into 3rd place, finishing one length from VOLPE VELOCE.
We took into account Mr McNab's clear record relative to this Rule and his admission of the breach. We assessed the level of carelessness to be in the low-mid range on the scale of seriousness and therefore adopted a starting point of a 7 day suspension. For the mitigating factors referred to we allowed Mr McNab a 2 day reduction in Penalty.
Rule 920(2) requires Committees to take into account:
(a) The Status of the race involved (a Group 2 race)
(b) The stake payable in repect of the race ($100,000)
(c) Any consequential effects on any horse/person as a result of the breach.
For the above reasons the Committee applied an uplift of 2 days on any penalty we would have otherwise applied.
It was apparent that TRUE ENOUGH had its momentum interefered with by VOLPE VELOCE and had subsequently finished strongly into 3rd place. The Committee also determined that as Mr McNab had gone on to win the race that a fine should form part of any penalty we were to impose, in accordance with other fines imposed on riders in similar circumstances.
penalty:
Mr McNab's license to ride in races was therefore suspended from after racing on 23 March until after the completion of racing on Friday 5th April 2019, a suspension of 7 national riding days. We did not take the following racedays into consideration when assessing this suspension:
24th, 25th March - riding declarations already published,
29th March - Apprentice only raceday.
In addition we imposed a fine of $750 on Mr McNab.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr M McNab - Licensed Jockey
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a57682cd1df07dcc54644ba3d94f1a38
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
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meetid: d6b4aa3ee4227c35404a180707351971
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meetdate: 23/03/2019
meet_title: Racing Tauranga - 23 March 2019
meet_expappcomment:
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tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
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name: Racing Tauranga