Whangarei RC 16 July 2022 – R4 – Michael McNab

Evidence:

This charge arises from the running of Race 4, a rating 65 1200m event. Stipendiary Steward, Mr Jones filed an Information pursuant to Rule 330(3)(a) alleging that Mr McNab wilfully broke a riding engagement on “FLAT TRACK BULLY”.

Mr McNab acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 330(3)(a) provides: A Rider shall not wilfully or without reasonable cause break a riding engagement.

Mr Jones explained to the Adjudicative Committee Mr McNab contacted Mr Jones and requested that he wished to break his riding engagement on the horse FLAT TRACK BULLY, due to concerns regarding its racing manners and the fact that he did not get on with it. The Stipendiary Stewards granted Mr McNab his request but advised that he would be charged under Rule 330(3)(a).

Mr Jones said he contacted the Trainer of FLAT TRACK BULLY and he confirmed that Mr Rodley (Mr McNab’s agent) had accepted the ride on Mr McNab’s behalf on the Thursday prior to the race meeting. Mr Jones advised that NZTR were not advised that Mr McNab was the Rider until 7.12am on Saturday the 16th of July and was removed as Rider at 7.40am.

Mr McNab explained that Mr A Rodley was his Riding Manager and had accepted the ride on his behalf to ride the horse “FLAT TRACK BULLY”. Mr McNab said that he wasn’t even aware that he was riding the horse until he was contacted by a friend of his on the morning of the races. He said he had ridden the horse before and it could be difficult, and given he had been working hard to get his weight down thought that it would be unwise for him to ride FLAT TRACK BULLY and the horse could be better served by an alternative Rider.

The Adjudicative Committee asked if an alternative Rider had been sought and the Stipendiary Stewards confirmed a Rider had (J Kamarudin). It was established that the betting public was unlikely to have been inconvenienced by the change of Rider as Mr McNab was only declared for a period of around 30 minutes.

Decision:

As Mr McNab admitted the breach the Adjudicative Committee found the charge proved.

Submission For Penalty:

Mr Jones advised that Mr McNab had not had a breach of this Rule previously and submitted that previous penalties ranged from $150 – $800 fines.

Mr McNab had no submissions in regard to penalty.

Reasons For Penalty:

In determining penalty the Adjudicative Committee referred to the RIB Guidelines which have a starting point of a $200 fine.

Given the nature and circumstances of the breach the Adjudicative Committee sees no reason to deviate from the starting point.

Conclusion:

Mr McNab is fined $200.