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Waikato RC 2 May 2015 - R 11 (heard on 6 May 2015 at Matamata)



638(1)(d)

RACEDAY JUDICIAL COMMITTEE DECISION

Adjourned Hearing from Waikato RC 2 May - heard 6 May 2015 at Matamata.

Informant: Mr J Oatham - Senior Stipendiary Steward
Respondent: Mr M McNab - Licensed Rider of SAOIRSE
Information No: A6896
Meeting: Waikato RC
Date: 2 May 2015
Venue: Te Rapa
Rule No: 638(1)(d)
Race: 11
Judicial Committee: A Dooley - Chairman
Plea: Admitted
Person's Present: Mr M Williamson – Stipendiary Steward

Evidence

Following the running of race 11, Baker Racing 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that near the 175 metres Mr McNab allowed his mount SAOIRSE to shift out when not sufficiently clear causing interference to ALICUDI (D Johnson) and JACQUI ICKX (U Holmquist).

This adjourned hearing was held at Matamata racecourse prior to race one on 6 May 2015.

Mr McNab acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of 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 Williamson identified on the video films that when Mr McNab was riding his mount forward inside the 200 metres he commenced to shift ground out and initially crowded ALIDUCI. He said SAOIRSE then got out further and checked JACQUI ICKX who in turn crowded TWIN FIGHTER to a degree.

Mr McNab told the Committee that at the top of the straight Mr Magorrian’s mount came out and he had to change ground. He believed that he permitted his mount to come out to a certain degree near the 200 metres but was of the view the rider of JACQUI ICKX exaggerated the incident. He added that SAOIRSE was laying out under pressure.

Decision

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

Submissions For Penalty

Mr Oatham produced Mr McNab’s record which showed 1 previous breach under this Rule in the last 12 months, on 20 December 2014 which attracted a 4 day suspension. He said Mr McNab had admitted the breach and the level of carelessness was low end. Mr Oatham submitted that a 4 day suspension would be appropriate.

Mr McNab submitted that the level of carelessness was low end and he had admitted the breach.

In response to a question from the Committee, Mr McNab said he rides everywhere but couldn’t tell the Committee when he last rode at Otaki or Woodville on an Industry day. Mr McNab added that he would go there if offered any rides.

When asked by the Committee, Mr Oatham submitted that in the Stewards' view Mr McNab was a North Island rider and a suspension including all those dates was appropriate. He advised that Mr Booth was Mr McNab’s new riding Manager.

The Committee read aloud the new JCA Penalty Guide regarding calculation of days for clarity.

In response to a question from the Committee, Mr McNab said he had spoken to his Manager just prior to the hearing. Mr McNab was unable to provide any details that he was intending to ride in the Central Districts in the near future.

Mr McNab advised that he had upcoming engagements at Te Awamutu on 13 May, and sought a deferment to any proposed suspension. Mr Oatham supported this due to the hearing being held on 6 May.

Mr Oatham advised that Mr McNab was suspended last Wednesday for failing to ride his mount out to the end of the race and that suspension concludes after racing on 9 May.

Reasons For Penalty

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr McNab’s admission of the breach, the level of carelessness was low end and his very good record in relation to this Rule. The films show that Mr McNab was not the required distance clear when shifting ground when JACQUI ICKX was checked.

After taking into account all the above evidence the Committee considers the mitigating factors in this particular case justifies a reduction in penalty to a 3 day suspension.

The Committee was not satisfied that Mr McNab has a recent history of riding in the Central Districts on Industry days and therefore rejected Otaki 14 May and 21 May at Woodville when imposing a genuine suspension. This was in accordance with the Penalty Guide effective 1 May 2015.

Penalty

Accordingly, Mr McNab had his license to ride in races suspended for a period to commence after racing on 13 May and conclude after racing on 23 May 2015 (3 days).

When the penalty was announced Mr McNab then requested not to have Te Awamutu 13 May included in his penalty so he could ride at Ellerslie on 23 May 2015.

At this point Mr Oatham then produced details regarding Mr McNab’s recent history of riding in the Central Districts. These dates being 9 March at Egmont, 14 March at Wellington and 10 April at Manawatu.

At this point the hearing was adjourned for the Committee to reconsider penalty.

The Committee notes that with the dates produced by Mr Oatham only 9 March was an Industry day in the Central Districts. Those dates do not support Mr McNab’s submission that he rides everywhere.

The Committee granted a change to the original penalty and Mr McNab had his license to ride in races suspended for a period to commence after racing on 9 May and conclude after racing on 20 May 2015 (3 days).

That period of suspension encompasses meetings at Te Awamutu May 13, Te Rapa May 16 and Whangarei May 20.

The penalty did not include Otaki and Woodville because the Committee was again not satisfied Mr McNab had any recent riding history in the Central Districts on Industry days.

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