Waipa RC 28 November 2013 – R 6
ID: JCA16137
Code:
Thoroughbred
Meet Title:
Waipa RC - 28 November 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GTankard
Race Date:
2013/11/28
Race Number:
R6
Decision:
As Mr McNab admitted the breach we find the charge proved.
Penalty:
We grant Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2)
Accordingly, we impose a suspension on Mr McNab which will commence after racing on 2 December and conclude after racing on 11 December 2013 (5 North Island days)
The penalty did not include any South Island meetings as Mr McNab confirmed that he did not intend riding there.
Facts:
Following the running of race 6, FAIRVIEW MOTORS TE AWAMUTU 1150, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Mr McNab shifted outwards on his mount BROKASH when not sufficiently clear making contact with ROSIE RULES which was checked passing the 400 metres.
Mr McNab acknowledged that he understood the Rule and confirmed his admission the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham identified on the films, passing the 400 metres Mr McNab was racing in a 2 wide position with ROSIE RULES racing in a 3 wide position. He demonstrated where Mr McNab angled out when clearly there was insufficient room. This resulted in buffeting for several strides when Mr McNab continued to ride forward aggressively. He noted ROSIE RULES received a sharp check as a consequence of the interference. However, Mr Oatham said in mitigation DIRECT LINE did lay in onto ROSIE RULES.
Mr McNab stated that DIRECT LINE lay in at a vital time of the race but conceded his actions were careless. He noted the interference occurred on the point of a turn.
Submissions for Penalty:
Mr Coles produced Mr McNab’s record which showed 4 previous breaches under this Rule in the last 12 months. He described Mr McNab’s record as fair and the level of carelessness as mid–range. He said Mr McNab ought to be given credit for his early admission of the breach. Mr Coles submitted a suspension in the 4 to 6 day range.
Mr McNab advised that he had upcoming commitments at Te Aroha on December 2, and that any period of suspension could commence after that.
Mr McNab confirmed that he rode only in the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating fact is Mr McNab’s admission of the breach. The aggravating factors are Mr McNab’s record under this Rule in the last 12 months which we assess as below average and we assess the level of carelessness as mid–range. The films show Mr McNab continued to ride forward and buffet ROSIE RULES when not the required distance clear.
The Committee advised Mr McNab that generally this type of breach would have incurred a six day suspension but we have adjusted this downwards by one day because DIRECT LINE contributed to the incident when resisting pressure from its inside.
After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.
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: c1c0fce272836518ff4cf6efb10d3d87
informantnumber: A2787
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 18/11/2013
hearing_title: Waipa RC 28 November 2013 - R 6
charge:
facts:
Following the running of race 6, FAIRVIEW MOTORS TE AWAMUTU 1150, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Mr McNab shifted outwards on his mount BROKASH when not sufficiently clear making contact with ROSIE RULES which was checked passing the 400 metres.
Mr McNab acknowledged that he understood the Rule and confirmed his admission the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham identified on the films, passing the 400 metres Mr McNab was racing in a 2 wide position with ROSIE RULES racing in a 3 wide position. He demonstrated where Mr McNab angled out when clearly there was insufficient room. This resulted in buffeting for several strides when Mr McNab continued to ride forward aggressively. He noted ROSIE RULES received a sharp check as a consequence of the interference. However, Mr Oatham said in mitigation DIRECT LINE did lay in onto ROSIE RULES.
Mr McNab stated that DIRECT LINE lay in at a vital time of the race but conceded his actions were careless. He noted the interference occurred on the point of a turn.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McNab admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr McNab’s record which showed 4 previous breaches under this Rule in the last 12 months. He described Mr McNab’s record as fair and the level of carelessness as mid–range. He said Mr McNab ought to be given credit for his early admission of the breach. Mr Coles submitted a suspension in the 4 to 6 day range.
Mr McNab advised that he had upcoming commitments at Te Aroha on December 2, and that any period of suspension could commence after that.
Mr McNab confirmed that he rode only in the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating fact is Mr McNab’s admission of the breach. The aggravating factors are Mr McNab’s record under this Rule in the last 12 months which we assess as below average and we assess the level of carelessness as mid–range. The films show Mr McNab continued to ride forward and buffet ROSIE RULES when not the required distance clear.
The Committee advised Mr McNab that generally this type of breach would have incurred a six day suspension but we have adjusted this downwards by one day because DIRECT LINE contributed to the incident when resisting pressure from its inside.
After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.
penalty:
We grant Mr McNab’s request to seek a deferment to his suspension as per Rule 1106(2)
Accordingly, we impose a suspension on Mr McNab which will commence after racing on 2 December and conclude after racing on 11 December 2013 (5 North Island days)
The penalty did not include any South Island meetings as Mr McNab confirmed that he did not intend riding there.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M McNab -Licensed Rider
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 11c1ccb5e3ea334da281eef29a270e10
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4497ff70f5b698934da39ec17512e4d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2013
meet_title: Waipa RC - 28 November 2013
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