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Auckland RC 5 November 2013 - R 6

Created on 07 November 2013

ADooley (chair)
Mr M McNab - Licensed Rider
Mr A Coles - Stipendiary Steward
Mr J Oatham - Senior Stipendiary Steward
Information Number
Careless Riding

Following race 6, Sofitel Luxury Hotels Stakes, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr McNab permitted his mount SMARTLY to shift inwards near the 1900 metres when not sufficiently clear of SORIANO which was checked.

Mr McNab acknowledged that he understood the nature of the charge and the Rule.

Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Coles identified on the head on film that after 100 metres SMARTLY was racing in a 5 wide position with SORIANO racing in a 3 wide position. He said Mr McNab permitted his mount to shift in when ¾ of a length clear of SORIANO which resulted in her losing her rightful running line.

Mr McNab in admitting the breach noted that SMARTLY was wayward during the running of the race. He said he was looking to get in shortly after the start and conceded that he misjudged the margin between him and SORIANO when shifting ground. He added that the incident occurred on the point of a bend when riders were looking to gain a position in the race.


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

Submission For Penalty:

Mr Oatham 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 not good and believed he made an error of judgement when he allowed his mount to shift in. He stated with the rail out 10 metres and the incident occurring going into the point of a bend these were mitigating factors. He assessed the level of carelessness in the low to mid range and stated an aggravating factor was the interference occurred in a Group 3 race worth $70,000. He submitted a suspension in the 5 to 7 day range would be appropriate.

Mr McNab advised that he had upcoming commitments at Te Rapa on November 9, and that any period of suspension could commence after that.

In response to a question from the Committee, Mr McNab submitted that he was intending to ride THE DARLING ONE at Christchurch on November 13. He submitted that he had ridden in the South Island on occasions in the past.

Mr Oatham when asked stated that there was no reason to disbelieve Mr McNab's submissions.

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 sole mitigating fact is Mr McNab's admission of the breach. The aggravating factors are the interference occurred in a Group 3 race worth $70,000 and we consider Mr McNab's record as below average.

We assess the level of carelessness as low to mid range.

We note that in 2012 Mr McNab incurred 2 suspensions at Riccarton.

After taking into account all the above factors we consider an appropriate penalty is a 6 day suspension.


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 November 9 and conclude after racing on November 15 (6 days).

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