Auckland TR 11 March 2023 – R8 – Michael McNab

Evidence:

Following the running of Race 8, the Group 1 Bonecrusher New Zealand Stakes ($320,000), the Respondent Class A Rider Michael McNab admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).

The Respondent acknowledged he understood 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 Adjudicative Committee considers to be careless.

Using the available race films, Senior Stipendiary Steward Mr Jones demonstrated the incident and identified the horses and Riders concerned. The available films included head, side, rear and overhead drone footage.

Mr Jones said that approaching the 200 metre mark, PROWESS shifted ground outwards checking runners on his outer, namely DEFIBRILLATE (W Kennedy) who was significantly checked onto LA CRIQUE (G Grylls) and CAMPIONESSA (O BOSSON). He said that despite shifting ground, Mr McNab continued to ride forward using his whip.  He made no attempt to straighten his mount and at the time of the shift, PROWESS was no more than one length clear of DEFIBRILLATE.

Mr Jones said that near the 75-metre mark, PROWESS continued to lay out and CAMPIONESSA received further interference.

In response, Mr McNab accepted that he caused interference, which he said was due to the fact his mount (PROWESS) was only having its sixth raceday start, was very green, and was an awkward ride.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Chief Stipendiary Steward Mr Oatham produced Mr McNab’s riding record which indicated three previous breaches under the Careless Riding Rule in the last 12 months, namely:

22/10/22 at Te Rapa – low range – 5-day suspension

02/11/22 at Avondale – low range – 5-day suspension

14/01/23 at Trentham – low range – G 3 – 5-day suspension and $450 fine

Mr Oatham said that Mr McNab, is a very busy Rider, having had 836 rides in the past 12 months. He said Stewards assessed the level of carelessness to be in the mid-range. He pointed out that the breach occurred in a Group 1 Race and Mr McNab’s share of the stake is $9000.

Mr McNab advised of riding engagements through until 18 March 2023, and sought a deferment to any proposed suspension.

Mr McNab asked the Adjudicative Committee to consider, when setting penalty, the limited number of race meetings that are available over the next few weeks. In response, the Adjudicative Committee reminded Mr McNab the availability of race meetings can vary – sometimes the number of available race meetings can favour a suspended Rider, and on occasions available may not be so favourable – simply put it’s a case of ‘rub of the green’.

Reasons for Penalty:

After considering submissions, the Adjudicative Committee determined Mr McNab’s carelessness to be slightly above mid-range and adopted an 8-day (suspension) as the starting point.

The available films clearly established that McNab has permitted his mount to shift out abruptly.  He submitted that his mount’s racing manners were a factor, however the Adjudicative Committee is of the view that he ought to have stopped riding forward and made a concerted effort to straighten his mount. It is noted that the check to DEFIBRILLATE was significant and its Rider, Mr Kennedy, became unbalanced, and but for his skill and experience, he was not dislodged. There were effectively two incidents, and three horses impacted to varying degrees.

As a result of the interference, the outcome of the race was the subject of a protest, which after consideration of the evidence, was dismissed.

The Respondent’s riding record, together with admission of the breach, are treated as a mitigating factor and a 2-day reduction was applied to the starting point.

Rule 920(2) empowers an Adjudicative Committee in imposing a penalty, to have due regard to such matters as it considers appropriate including: (a) the Status of the Race; (b) the stake payable in respect of the Race.; and / or (c) the consequences.  On this occasion due to the Group 1 status of the race and stakes payable, the Adjudicative Committee applied a three-day penalty uplift.

After consideration of the above factors, a 9-day suspension and a $2000 fine was imposed.

Conclusion:

The Respondent’s request for a deferment is granted and his licence to ride in races is suspended for a period of 9 days, commencing after racing on 18 March 2023 and concluding after racing on 5 April 2023.  In addition, a fine of $2000 is imposed.