Waikato RC 22 October 2022 – R2 – Michael McNab

Evidence:

Following the running of Race 2, the Respondent, Class A Rider M McNab admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of CARAVELLA, he permitted his mount to shift inwards when insufficiently clear of KENOBI, which was crowded shifting inwards, crowding ELUSIVE NATION and SHOOTIN TO SAKS.

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 Stipendiary Steward A Dooley demonstrated the incident and identified the horses and Riders concerned.

Mr Dooley said that Mr McNab allowed his mount to shift inwards, crowding KENOBI which crowded the horses to its inner (ELUSIVE NATION & SHOOTIN TO SAKS). He said that while Mr McNab did take corrective action this occurred after the interference had occurred. Mr Dooley identified that KENOBI and ELUSIVE NATION were racing greenly and this may have contributed.

In response, Mr McNab stated that the horses were all racing greenly, and he thought while he was out there, he was doing everything he could to relieve any pressure occurring on his inside. He said that his mount ducked in sharply late and he almost pulled her to a stop to relieve the pressure.

Decision:

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

Submission for Penalty:

Mr McNab’s riding record indicated 2 previous breaches under the Careless Riding Rule in the last 12 months.

1/1/2022  – Ellerslie 7 days

30/1/2022 – Ellerslie 5 days

Mr Oatham said that Mr McNab had a very good record given his number of rides (710 in the past 12 months), and that the affected Riders acknowledged that their horses were green.

Mr Oatham said Stewards assessed the level of carelessness to be just above the low range.

The Respondent advised of riding engagements through until 23/10/22 and sought a deferment to any proposed suspension.

In terms of penalty Mr McNab said that he agreed with Mr Oatham.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee determined Mr McNab’s carelessness to be in the low – mid range and adopted a 6 day suspension as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that Mr McNab allowed his mount to shift in when not sufficiently clear to runners on his inside. Of note was that Mr McNab’s horse was laying in and prior to the jostling that occurred, the runner immediately to his inside (KENOBI) also shifted inwards.

The Respondent’s riding record is treated as a mitigating factor and a 1-day reduction was applied to the 6-day starting point for his admission of the breach and record.

After consideration of the above factors a 5-day suspension 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 5 days, commencing after racing on 23/10/22 and concluding after racing on 30/10/22.