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R Matamata 27 March 2012 - R 6

Created on 28 March 2012

Rules:
638(1)(d)
Committee:
ADooley (chair)
AGodsalve
Name(s):
Mr M McNab - Licensed Apprentice Rider
Informant
Mr J Oatham - Stipendiary Steward
Information Number
A2187
Plea:
Admitted
Charge:

Following race 6 an information was filed pursuant to Rule 638(1)(d). The informant Mr Oatham alleged that Mr McNab permitted his mount ARE YOU DEVIOUS to shift inwards near the 1300 metres when being steadied causing BELINDA'S GIRL (M Tanaka) and JOYOUS (A Forbes) to clip heels and blunder.

Evidence:

Prior to the hearing Mr McNab advised the committee he did not require representation.

Mr Oatham demonstrated the incident by using the video films. The head on film showed that Mr McNab's mount was racing in a 3 wide position outside the leader. Mr Oatham said when Mr McNab attempted to ease his mount back for some cover, he eased abruptly and caused 2 runners on his inner to clip heels and blunder. The side on film showed that Mr McNab was not the required distance clear when shifting ground. Mr Oatham said the mitigating factor was Mr Forbes' mount was over racing at the time of the incident.

Mr McNab admitted that he steadied his mount abruptly. He acknowledged that Mr Oatham’s interpretation of the incident were correct.

Decision:

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

Submission For Penalty:

Mr Oatham submitted that Mr McNab made a return to race riding 6 weeks ago, and to date had a clear record. He believed the level of carelessness was in the low to mid range with the consequences being 2 runners clipping heels. He submitted a 4 – 5 day suspension would be an appropriate penalty.

Mr McNab submitted that he had firm commitments up to and including 2nd April 2012 and was seeking a deferment to fulfil those engagements. He confirmed when asked by the committee that he rides only in the North Island.

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 Mr McNab was only 1 length clear when shifting ground, the manner in which he restrained his mount. We assess the level of carelessness to be low to mid range.

Penalty:

We grant Mr McNab's submission 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 2nd April 2012 and conclude after racing on 9th April 2012 (4 days).

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