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Whangarei RC 12 June 2013 – R2, R3, R4, R6

ID: JCA12267

Applicant:
A Coles, Stipendiary Steward

Respondent(s):
M McNab Class A Rider

Other Person:
A Coles - Stipendiary Steward

Information Number:
A2099

Hearing Type:
Hearing

Rules:
Rule 330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 12 June 2013

Meet Chair:
AGodsalve

Meet Committee Member 1:
GTankard

Race Date:
2013/06/12

Race Number:
R16

Decision:

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

Penalty:

Accordingly we impose a fine of $350.

Charge:

Prior to racing commencing at Ruakaka on 12 June 2013, an information was filed pursuant to Rule 330(3)(c). The informant, Mr Coles alleged that rider Mr McNab was unable to make the contracted weight for his 4 rides at the meeting that day. His listed rides were:

Race 2-MAIDEN WARRIOR (56.5kg)

Race 3-BEAUTYS' BEAST   (56kg)

Race 4-RUSTANA             (55.5kg)

Race 6-KING PICCOLO      (55.5kg)

Mr McNab was present at the hearing and acknowledged the nature of the charge and the rule.

Rule 330(3)(c) states: A Rider shall not fail to ride a horse at the weight at which it is handicapped to carry.

Facts:

Mr Coles informed the Committee that approximately 40 minutes prior to the commencement of racing, Mr McNab had approached the Stipendiary Stewards to inform them that he would be unable to make the weight for any of his 4 listed rides that day.

Mr Coles added that there were riders available at the meeting who were free to take rides in each of the races involved. Mr Coles confirmed to the Committee that connections of the horses concerned were satisfied that the respective riders involved would be able to do their horses' chances justice under the circumstances.

Mr McNab told the Committee that as he lived in Cambridge, he had to leave home by 5am that morning and did not have time to have a 'sweat' after realising he was approximately 1.5kg overweight for his lowest weighted ride that day.  He had driven to Ruakaka, hoping the almost 5 hour drive would enable his weight to stabilise at the required level. However, he stated that on arrival at the course he had weighed himself in his riding gear and discovered that he was still too heavy, having lost no weight on the drive. He then approached the Stewards to inform them of the situation.

Mr McNab was apologetic for inconveniencing the connections of the horses concerned, however he added that he had done everything he could to rectify the situation.

Submissions for Penalty:

Mr Coles produced Mr McNab's record which showed 3 previous breaches of this rule in the last 12 months. He acknowledged that the Stewards were aware that Mr McNab was having difficulty with his weight, and that it was to his credit that he had appeared at the meeting and changed into his riding gear with the intention of riding if his weight was at the required level.

The Stipendiary Stewards were of the opinion that the matter could be dealt with by way of a fine and an appropriate penalty would be in the $300-$400 range.

Mr McNab had nothing to add.

Reasons for Penalty:

The Committee considered the submissions presented and the evidence of the parties. The mitigating fact was Mr McNab's admission of the breach. We informed Mr McNab that it was in his favour that he had travelled a long distance to attempt to complete his contract with the connections of the 4 horses when an easier option may have presented itself to him.

Notwithstanding that, his unavailability could have disrupted connections and the betting public if satisfactory replacements were not available and Mr McNab was told that a period of suspension could follow any further breach of this Rule. 

The JCA penalty listings confirmed that Mr McNab had received a $200 fine for a similar breach involving one horse on 18 May 2013.

Taking into account all of the above factors the Committee independently assessed an appropriate penalty to be a fine of $350.

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: 480350409abf207769ad3257a2c3ed0e


informantnumber: A2099


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/05/2013


hearing_title: Whangarei RC 12 June 2013 - R2, R3, R4, R6


charge:

Prior to racing commencing at Ruakaka on 12 June 2013, an information was filed pursuant to Rule 330(3)(c). The informant, Mr Coles alleged that rider Mr McNab was unable to make the contracted weight for his 4 rides at the meeting that day. His listed rides were:

Race 2-MAIDEN WARRIOR (56.5kg)

Race 3-BEAUTYS' BEAST   (56kg)

Race 4-RUSTANA             (55.5kg)

Race 6-KING PICCOLO      (55.5kg)

Mr McNab was present at the hearing and acknowledged the nature of the charge and the rule.

Rule 330(3)(c) states: A Rider shall not fail to ride a horse at the weight at which it is handicapped to carry.


facts:

Mr Coles informed the Committee that approximately 40 minutes prior to the commencement of racing, Mr McNab had approached the Stipendiary Stewards to inform them that he would be unable to make the weight for any of his 4 listed rides that day.

Mr Coles added that there were riders available at the meeting who were free to take rides in each of the races involved. Mr Coles confirmed to the Committee that connections of the horses concerned were satisfied that the respective riders involved would be able to do their horses' chances justice under the circumstances.

Mr McNab told the Committee that as he lived in Cambridge, he had to leave home by 5am that morning and did not have time to have a 'sweat' after realising he was approximately 1.5kg overweight for his lowest weighted ride that day.  He had driven to Ruakaka, hoping the almost 5 hour drive would enable his weight to stabilise at the required level. However, he stated that on arrival at the course he had weighed himself in his riding gear and discovered that he was still too heavy, having lost no weight on the drive. He then approached the Stewards to inform them of the situation.

Mr McNab was apologetic for inconveniencing the connections of the horses concerned, however he added that he had done everything he could to rectify the situation.


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 3 previous breaches of this rule in the last 12 months. He acknowledged that the Stewards were aware that Mr McNab was having difficulty with his weight, and that it was to his credit that he had appeared at the meeting and changed into his riding gear with the intention of riding if his weight was at the required level.

The Stipendiary Stewards were of the opinion that the matter could be dealt with by way of a fine and an appropriate penalty would be in the $300-$400 range.

Mr McNab had nothing to add.


reasonsforpenalty:

The Committee considered the submissions presented and the evidence of the parties. The mitigating fact was Mr McNab's admission of the breach. We informed Mr McNab that it was in his favour that he had travelled a long distance to attempt to complete his contract with the connections of the 4 horses when an easier option may have presented itself to him.

Notwithstanding that, his unavailability could have disrupted connections and the betting public if satisfactory replacements were not available and Mr McNab was told that a period of suspension could follow any further breach of this Rule. 

The JCA penalty listings confirmed that Mr McNab had received a $200 fine for a similar breach involving one horse on 18 May 2013.

Taking into account all of the above factors the Committee independently assessed an appropriate penalty to be a fine of $350.


penalty:

Accordingly we impose a fine of $350.


hearing_type: Hearing


Rules: Rule 330(3)(c)


Informant: A Coles, Stipendiary Steward


JockeysandTrainer: M McNab Class A Rider


Otherperson: A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 88c646d43a674512d2e670270997d972


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R16


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: dc549c45d962fcd01ce8cb651f46e518


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/06/2013


meet_title: Whangarei RC - 12 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: GTankard


meet_pm2: none


name: Whangarei RC