R Te Aroha 29 April 2015 – R 2
ID: JCA10849
Meet Title:
R Te Aroha - 29 April 2015
Meet Chair:
ADooley
Race Date:
2015/04/29
Race Number:
R2
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
Penalty:
The Committee grants Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 2 May and conclude after racing on 9 May 2015 (4 North Island days).
Facts:
Following the running of race 2, Jan Revell Memorial 1400, an Information was filed pursuant to Rule 636 (1)(d). The Informant, Mr Coles, alleged that Mr McNab failed to ride SHE’S ALL CLANG out to the end of the race, where there was a reasonable chance of finishing in a better position.
Mr McNab acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Marsh assisted Mr McNab at the hearing which commenced after race 7.
Rule 636(1) (d) provides: being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;
Mr Williamson identified on the video films that over the final 100 metres Mr McNab relaxed his ride when racing in 4th position. He advised the Committee Mr McNab finished in 5th place a long head from 4th. He pointed out that Mr McNab appeared to relax for 4 strides then rides forward again before relaxing his ride for a further 4 strides near the finish. He was of the opinion that there was a reasonable chance of SHE’S ALL CLANG finishing in 4th place.
Mr Williamson informed the Committee that SHE’S ALL CLANG was a 3 year old filly having her 1st race day start. He said the horse was inexperienced and noted that she moved in a long way near the 100 metres when shifting off the heels of another horse. He added the track today was very heavy.
Mr McNab told the Committee that SHE’S ALL CLANG had trialled only once in January on a firm track. He said the filly was very green and had not run in amongst other horses previously. He added that he tried to look after his mount in the heavy track and conceded he had made a mistake.
In response to a question from the Committee, Mr McNab admitted that he was not aware BONNY EMILIA (4th) was racing down the outside. He acknowledged that is why he relaxed his ride.
Mr Marsh identified on the video footage that other riders had given up riding their mount forward on the point of the turn due to them failing to handle the heavy track conditions. He noted that SHE’S ALL CLANG was very green and admitted Mr McNab tried to look after his mount in the closing stages of the race. He added that SHE’S ALL CLANG got very tired late in the race.
Submissions for Penalty:
Mr Coles produced Mr McNab’s record which showed no previous breaches under this Rule in the last 12 months. He informed the Committee that there was a big variance in the penalties imposed when a rider failed to ride their mount out to the end of the race. He noted the penalties ranged from a $600 fine to a 2 week suspension. He stated there were a lot of mitigating factors in this case and Mr McNab should be given credit for his admission of the breach. Mr Coles submitted a suspension in the 1 to 2 week range would be appropriate.
Mr Marsh submitted that Mr McNab was really focused on his riding, he had got his weight under control and was “giving it a real crack”. He said the incident today was “not dead set blatant” and asked the Committee to consider a penalty that was not harsh under the circumstances.
Mr McNab advised that he had upcoming engagements at Te Rapa on 2 May, and sought a deferment to any proposed suspension. He said that he was riding all over the North Island and asked the Committee to consider imposing a combination of a fine and suspension.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr McNab’s admission of the breach, his clear record in relation to this Rule in the last 12 months, SHE’S ALL CLANG was having her 1st start and the existing heavy track conditions where many horses were struggling in the ground. However, the aggravating fact was Mr McNab relaxed his ride for 4 strides on 2 occasions when he had an obligation to ride his mount out to the end of the race. Mr McNab’s lack of vigour may have impacted on the betting public who had invested on SHE’S ALL CLANG to finish in 4th place with the margin being a long head. The prize money for 4th was $350 and 5th was $175.
It is significant to note that Mr McNab was not aware that BONNY EMILIA (4th) was racing down the outside fence. The Committee reviewed the video footage which showed Mr McNab had struck his mount a total of 11 times in the final straight and given her the required respite with the whip. It was clear of the films that SHE’S ALL CLANG did race green in the final straight.
The current JCA Penalty Guide starting point for this Rule recommends 3 calendar weeks with regard being had to the placing involved. The Committee referred to the JCA listing of penalties under this Rule and spent some time considering the wide range of penalties imposed. Similar breaches in this region have incurred 6 and 7 day suspensions and the Committee assess this breach to be less culpable. Mr McNab was given a reduction in penalty because of the notable mitigating factors. The Committee did consider a fine and suspension but did not believe it was appropriate on this occasion.
After taking into account all the above factors the Committee considers an appropriate penalty is a 4 day suspension.
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: 0e9db17ae97843420c59eaeace5d53d2
informantnumber: A4373
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to ride his mount out to the end of the race
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2015
hearing_title: R Te Aroha 29 April 2015 - R 2
charge:
facts:
Following the running of race 2, Jan Revell Memorial 1400, an Information was filed pursuant to Rule 636 (1)(d). The Informant, Mr Coles, alleged that Mr McNab failed to ride SHE’S ALL CLANG out to the end of the race, where there was a reasonable chance of finishing in a better position.
Mr McNab acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Marsh assisted Mr McNab at the hearing which commenced after race 7.
Rule 636(1) (d) provides: being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;
Mr Williamson identified on the video films that over the final 100 metres Mr McNab relaxed his ride when racing in 4th position. He advised the Committee Mr McNab finished in 5th place a long head from 4th. He pointed out that Mr McNab appeared to relax for 4 strides then rides forward again before relaxing his ride for a further 4 strides near the finish. He was of the opinion that there was a reasonable chance of SHE’S ALL CLANG finishing in 4th place.
Mr Williamson informed the Committee that SHE’S ALL CLANG was a 3 year old filly having her 1st race day start. He said the horse was inexperienced and noted that she moved in a long way near the 100 metres when shifting off the heels of another horse. He added the track today was very heavy.
Mr McNab told the Committee that SHE’S ALL CLANG had trialled only once in January on a firm track. He said the filly was very green and had not run in amongst other horses previously. He added that he tried to look after his mount in the heavy track and conceded he had made a mistake.
In response to a question from the Committee, Mr McNab admitted that he was not aware BONNY EMILIA (4th) was racing down the outside. He acknowledged that is why he relaxed his ride.
Mr Marsh identified on the video footage that other riders had given up riding their mount forward on the point of the turn due to them failing to handle the heavy track conditions. He noted that SHE’S ALL CLANG was very green and admitted Mr McNab tried to look after his mount in the closing stages of the race. He added that SHE’S ALL CLANG got very tired late in the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr McNab’s record which showed no previous breaches under this Rule in the last 12 months. He informed the Committee that there was a big variance in the penalties imposed when a rider failed to ride their mount out to the end of the race. He noted the penalties ranged from a $600 fine to a 2 week suspension. He stated there were a lot of mitigating factors in this case and Mr McNab should be given credit for his admission of the breach. Mr Coles submitted a suspension in the 1 to 2 week range would be appropriate.
Mr Marsh submitted that Mr McNab was really focused on his riding, he had got his weight under control and was “giving it a real crack”. He said the incident today was “not dead set blatant” and asked the Committee to consider a penalty that was not harsh under the circumstances.
Mr McNab advised that he had upcoming engagements at Te Rapa on 2 May, and sought a deferment to any proposed suspension. He said that he was riding all over the North Island and asked the Committee to consider imposing a combination of a fine and suspension.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr McNab’s admission of the breach, his clear record in relation to this Rule in the last 12 months, SHE’S ALL CLANG was having her 1st start and the existing heavy track conditions where many horses were struggling in the ground. However, the aggravating fact was Mr McNab relaxed his ride for 4 strides on 2 occasions when he had an obligation to ride his mount out to the end of the race. Mr McNab’s lack of vigour may have impacted on the betting public who had invested on SHE’S ALL CLANG to finish in 4th place with the margin being a long head. The prize money for 4th was $350 and 5th was $175.
It is significant to note that Mr McNab was not aware that BONNY EMILIA (4th) was racing down the outside fence. The Committee reviewed the video footage which showed Mr McNab had struck his mount a total of 11 times in the final straight and given her the required respite with the whip. It was clear of the films that SHE’S ALL CLANG did race green in the final straight.
The current JCA Penalty Guide starting point for this Rule recommends 3 calendar weeks with regard being had to the placing involved. The Committee referred to the JCA listing of penalties under this Rule and spent some time considering the wide range of penalties imposed. Similar breaches in this region have incurred 6 and 7 day suspensions and the Committee assess this breach to be less culpable. Mr McNab was given a reduction in penalty because of the notable mitigating factors. The Committee did consider a fine and suspension but did not believe it was appropriate on this occasion.
After taking into account all the above factors the Committee considers an appropriate penalty is a 4 day suspension.
penalty:
The Committee grants Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 2 May and conclude after racing on 9 May 2015 (4 North Island days).
hearing_type: Hearing
Rules: 636(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M McNab - rider of SHE'S ALL CLANG
Otherperson: Mr S Marsh - Trainer assisting Mr McNab, Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: cafc09badcfd36dd98df04a807c828c0
race_expapproval:
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race_noreport: 0
race_emailed1: 0
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race_title: R2
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meetdate: 29/04/2015
meet_title: R Te Aroha - 29 April 2015
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meet_chair: ADooley
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name: R Te Aroha