Waikato TR 26 April 2025 – R6 – Michael McNab

Evidence:

Following the running of Race 6, Mr Jones presented an Information charging Mr M McNab, the Rider of ARDALIO with careless riding, in breach of Rule 638(1)(d).

Rule 638(1)(d) provides: A rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Mr McNab admitted the charge.

It was alleged that Mr McNab, when reaching the 150 metre mark, directed his mount outwards when insufficiently clear of ALBAROSSA, ridden by Mr M Hashizume, so as to cause that horse to be checked out of contention.

The race films (head, and side on), clearly illustrated that ARDALIO was travelling inside ALBAROSSA, but needed a gap to get clear for a run. Mr McNab angled ARDALIO out when barely half a length clear and forced a gap, severely checking ALBAROSSA out of contention.

Mr McNab accepted his error in breaching the Careless Riding Rule.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Jones advised that Mr McNab, was a senior, very successful and busy Rider and he had the following 3 previous careless riding breaches over the last 12 months:

• 2/3/2025 – 8 day suspension
• 10/1/2025 – 4 day suspension
• 30/11/2024 – 4 day suspension

He had 502 rides in the past 12 months, and his record could therefore be said to be good.

Mr Jones submitted that the level of careless riding on this occasion, was above mid-range, bordering on high range.  It was a Group 3 Race, with a $100,000 stake and Mr McNab’s horse won the race. The Stewards recommended a 10 day suspension and fine of 50% of Mr McNab’s riding fee, which when rounded down, equated to $1,400.

Mr McNab accepted that a suspension should follow, but he argued against a fine. He considered this to be double jeopardy, as the suspension would already cost him a significant amount of income.

He advised that he wished to apply for a deferment until after racing on Saturday 3 May, as he had committed rides in Queensland.

Reasons for Penalty:

Suspension:

The Adjudicate Committee took a starting point of 9 days, as it considered the breach bordered on the high range of careless riding (Starting point for high range is 10 days). From that, an up lift of 2 days was considered appropriate, to reflect that the race was a Group 3 event and Mr McNab’s horse had won the event primarily through him angling out to get in the clear, checking ALBAROSSA as he did. This took the penalty to 11 days.

A mitigating factor is Mr McNab’s excellent record, which the Adjudicative Committee took into account by reducing the penalty by 1 day. The end result being a 10 day suspension.

Fine

The Stewards recommended a fine equivalent to 50% of Mr McNab’s riding fee from the race, rounded to $1,400. Mr McNab opposed the fine.

Rule 920(2) provides that:

“the Adjudicative Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Adjudicative Committee may have regard to such matters it considers appropriate including:

• the status of the race
• The Stake payable in respect of the race
• any consequential effects upon any person or horse as a result of a breach of the Rule; and/or
• the need to maintain integrity and public confidence in racing.”

The RIB Penalty Guide published in March 2024 provides that in addition to the starting points for Careless Riding penalties:

• Fines can be added as a percentage of the Jockey’s share of stake earned by their mount where the offence occurs in any Black- type race, Prestige Jumping race or major race.

There is no percentage suggested as a starting point in the Guidelines for careless riding.

The Adjudicative Committee considered that as provided for under Rule 920(2) and in the March 2024 Penalty Guide, a fine is appropriate in view of the status of the race (Black Type Group 3), the stake of the race ($100,000), ALBAROSSA had been heavily checked and that Mr McNab’s horse had gone on to win the race.

In determining the amount of fine, the Adjudicative Committee considered fines imposed for careless riding in other Black Type Races. In the Telegraph (a Group 1 Race) run earlier this year, Mr K Stott was fined 25% of his riding fee for a careless riding charge when his horse won the race.

After considering all the circumstances applying in this case, the Adjudicative Committee determined that a fine of $750, equating to approximately 25% of Mr McNab’s riding fee, to be appropriate.

Conclusion

The penalty therefore is a 10 day suspension (10 National Riding Days), with a deferment applied, with the suspension taking effect after racing on 3 May 2025. The suspension will therefore commence on Sunday 4 May and conclude on Wednesday 21 May 2025, inclusive. In addition, Mr McNab is fined $750.