Archive Decision

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Waipa RC 16 April 2012 – R 2

ID: JCA14258

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr M McNab - Licensed Apprentice Rider

Other Person:
Mr S Marsh - Trainer, employer assisting Mr McNab

Information Number:
A2198

Hearing Type:
Hearing

Rules:
610(2)(a)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipa RC - 16 April 2012

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2012/04/16

Race Number:
R 2

Decision:

As Mr McNab admitted the breach we find the charge proved.

Penalty:

After taking all the above factors into account we impose a fine of $500.

Charge:

Following race 2 an information was filed pursuant to Rule 610(2)(a). The informant Mr Williamson alleged that Mr McNab rode in a body protector which is not approved.

Facts:

Mr Williamson read the rule which Mr McNab acknowledged he understood.

Mr Williamson advised the committee that he went into the jockeys' room prior to race 2 to check the riders' vests. He found Mr McNab to be in possession of an unapproved body protector which was produced as an exhibit and described as a cheater vest. He said that Mr McNab had not weighed out in the vest to gain a weight advantage, he simply wore it for comfort. Mr Williamson weighed Mr McNab's other approved vest and found there to be a difference of 0.20kg. He said Mr McNab was extremely up front with the stewards when being interviewed.

Mr McNab admitted to wearing the vest in an earlier race today. He told the committee when cross examined that he wore the vest purely for comfort reasons.

Mr Williamson when cross examined from the committee conceded that the stewards would be confiscating the vest.

Mr Marsh said he had supplied Mr McNab with an approved vest.

Submissions for Penalty:

Mr Williamson produced Mr McNab's record which showed no previous breaches of this rule. He submitted that the vest was not approved and the rule was there to protect riders and their safety. He submitted a fine of no less than $500 was an appropriate penalty.

Mr McNab and Mr Marsh when asked had nothing to submit on penalty.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr McNab's admission of the breach. However this has to be balanced against the fact that the vest was unapproved and Mr McNab had conceded to wearing the vest in an earlier race. We referred to the JCA listing of penalties, this showed the same breach by another apprentice rider resulted in a $500 fine. The committee highlighted to Mr McNab and Mr Marsh that safety for all riders is paramount, therefore the need to comply with wearing the correct vests is critical. We acknowledge that Mr McNab was honest and co operative with officials during the hearing.

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: 6c84936a7bf3f11ea1232e6c932bd6ba


informantnumber: A2198


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 02/04/2012


hearing_title: Waipa RC 16 April 2012 - R 2


charge:

Following race 2 an information was filed pursuant to Rule 610(2)(a). The informant Mr Williamson alleged that Mr McNab rode in a body protector which is not approved.


facts:

Mr Williamson read the rule which Mr McNab acknowledged he understood.

Mr Williamson advised the committee that he went into the jockeys' room prior to race 2 to check the riders' vests. He found Mr McNab to be in possession of an unapproved body protector which was produced as an exhibit and described as a cheater vest. He said that Mr McNab had not weighed out in the vest to gain a weight advantage, he simply wore it for comfort. Mr Williamson weighed Mr McNab's other approved vest and found there to be a difference of 0.20kg. He said Mr McNab was extremely up front with the stewards when being interviewed.

Mr McNab admitted to wearing the vest in an earlier race today. He told the committee when cross examined that he wore the vest purely for comfort reasons.

Mr Williamson when cross examined from the committee conceded that the stewards would be confiscating the vest.

Mr Marsh said he had supplied Mr McNab with an approved vest.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNab admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr McNab's record which showed no previous breaches of this rule. He submitted that the vest was not approved and the rule was there to protect riders and their safety. He submitted a fine of no less than $500 was an appropriate penalty.

Mr McNab and Mr Marsh when asked had nothing to submit on penalty.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr McNab's admission of the breach. However this has to be balanced against the fact that the vest was unapproved and Mr McNab had conceded to wearing the vest in an earlier race. We referred to the JCA listing of penalties, this showed the same breach by another apprentice rider resulted in a $500 fine. The committee highlighted to Mr McNab and Mr Marsh that safety for all riders is paramount, therefore the need to comply with wearing the correct vests is critical. We acknowledge that Mr McNab was honest and co operative with officials during the hearing.


penalty:

After taking all the above factors into account we impose a fine of $500.


hearing_type: Hearing


Rules: 610(2)(a)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr M McNab - Licensed Apprentice Rider


Otherperson: Mr S Marsh - Trainer, employer assisting Mr McNab


PersonPresent:


Respondent:


StipendSteward:


raceid: 291cec3abc32d9bfea1b133cbd0c2760


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cddd67079218c2b67163f168df063339


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/04/2012


meet_title: Waipa RC - 16 April 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Waipa RC