Auckland TR 5 March 2022 – R3 and R8 – Michael McNab

ID: RIB7841

Respondent(s):
Michael McNab - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mr G R Jones and Mr A Smith

Persons Present:
Mr Oatham and Mr McNab

Information Number:
A18154

Decision Type:
Race Related Charge

Charge:
Failed to make the handicapped weight

Rule(s):
330(3)(c) - Weight Infringement

Plea:
Admitted

Animal Name:
TELLALL and BABYLON BERLIN

Code:
Thoroughbred

Race Date:
05/03/2022

Race Club:
Auckland Thoroughbred Racing

Race Location:
Ellerslie Racecourse - 100 Ascot Ave, Ellerslie, Auckland, 1050

Race Number:
R3

Hearing Date:
05/03/2022

Hearing Location:
Auckland RC

Outcome: Proved

Penalty: Class A Rider Michael McNab is fined $400

Evidence:

The Applicant, Chief Stipendiary Steward Mr Oatham filed an Information pursuant to Rule 330(3)(c) alleging that Class A Rider Michael McNab failed to make the contracted weight for his mounts in Race 3 (TELLALL) and Race 8 BABYLON BERLIN.

The Respondent was present at the hearing and confirmed his admission of the breach.

Rule 330(3)(c) provides:

“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”. 

Mr Oatham advised that whilst enroute to the race meeting, Mr McNab contacted Stewards and advised that he would be unable to meet the handicapped weight (54 kg) of his mount in Race 3.  This was confirmed when Mr McNab arrived on course and was 1 kg overweight at 54 kg. Mr McNab was replaced in both races by Class A Rider K Asano.

By way of explanation the Respondent said that his Agent advised him (on Tuesday) that he had accepted the rides on both horses and encouraged him to make handicapped weight of 54 kg.  He said that he was not confident of making the weight, and was advised that Rider K Asano had been placed on stand-by.

Decision:

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

Submission for Penalty:

Mr Oatham said that this is the Respondent’s second breach within the reset period.  The previous having occurred in January 22 and resulted in a $100 fine.

Mr Oatham said breaches are normally dealt with by way of Minor Infringement Notice (MIN) but due to the status of the races concerned Stewards elected to file an Information. In particular Race 3 carries a stake of $70,000 and Race 8 a Group 3 with a stake of $100,000.

Mr Oatham submitted the breaches could be dealt by way of a fine in the vicinity of between $300 and $400.

The Respondent agreed that a $400 fine would be an appropriate penalty.

Reasons for Penalty:

The MIN schedule establishes a $200 fine as the starting point for a second breach of this Rule.  In circumstances where Stewards elect to file an Information, determination of penalties are fact dependant.

The Adjudicative Committee considered the submissions and for consistency took some guidance from previous penalties for similar breaches.

Aggravating factors:

  • The fact that the breaches resulted in the connections of two well-favoured runners having to find a replacement Rider, albeit the replacement K Asano had been placed on stand-by earlier in the week.
  • The betting public had an expectation that Mr McNab, the leading Rider, would meet his obligations to ride both horses and they may have placed fixed bets on that basis.
  • The status of Race 8 (G3 and $100,000)

Mitigating factors include:

  • The admission of the breach

Precedent cases:

01/01/21 at Ellerslie, L Innes G1 – fined $350

05/09/20 at Waikato, T Harris G2 – fined $300

26/12/19 at Ellerslie, O Bosson G2 – fined $500

Given the circumstances, and balancing the interests of the Respondent, connections and other stakeholders, precedent cases,  the Adjudicative Committee determined that a $400 fine is an appropriate penalty.  This represents a $200 uplift from the MIN schedule.

Penalty:

The Respondent is fined $400.

Decision Date: 05/03/2022

Publish Date: 07/03/2022