Whangarei RC 14 June 2014 – R 2
ID: JCA11909
Code:
Thoroughbred
Meet Title:
Whangarei RC - 14 June 2014
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2014/06/14
Race Number:
R2
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Magorrian is fined the sum of $500.
Facts:
Following the running of race 2, Fell Engineering 1600, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Magorrian used the whip excessively prior to the 200 metres on his mount FLUROLITE.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr S Clotworthy assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Magorrian used his whip approximately15 times between the turn and the 200 metres. He said there was no respite apart from a brief pause when Mr Magorrian changed his whip action.
Mr Magorrian acknowledged he struck his mount 15 times prior to the 200 metres and had nothing further to add.
Mr Clotworthy said FLUROLITE was a lazy horse and it was apparent Mr Magorrian was trying too hard.
Submissions for Penalty:
Mr Coles produced Mr Magorrian's record which showed 2 previous breach under this Rule in the last 12 months. These occurred on 12 May incurring a $150 fine and May 21 incurring a $275 fine. Mr Coles said Mr Magorrian does not have a good record having had 2 previous breaches in the past month. He submitted a fine of not less than $500 and the Committee may wish to consider a suspension.
Mr Magorrian submitted that the Committee could consider a fine in the vicinity of $375.
Mr Clotworthy submitted that he would prefer a fine as Mr Magorrian is an apprentice with momentum who is in demand for rides. Mr Clotworthy added that he has made arrangements for Mr Magorrian to receive additional coaching from the riding master. He recognised an increase in penalty was inevitable.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr Magorrian's admission of the breach. The number of strikes (15) is assessed as mid – range and the severity is assessed at the low end. A key factor in assessing penalty is that this is Mr Magorrian’s 3rd breach of this Rule within 4 weeks. On that basis the Committee is concerned that Mr Magorrian has not learnt from the 2 previous breaches and we have encouraged him to take up the offer of remedial coaching. We also had regard for Mr Magorrian’s status as an apprentice rider. We note that FLUROLITE was unplaced in the race.
Before imposing penalty the Committee referred to the JCA Penalty Guide and similar breaches under this Rule.
After taking into account all the above factors the Committee considers a fine of $500 is appropriate.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 2ffe087fecf3575a7d8f92903e90f795
informantnumber: A4122
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/06/2014
hearing_title: Whangarei RC 14 June 2014 - R 2
charge:
facts:
Following the running of race 2, Fell Engineering 1600, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Coles, alleged that Mr Magorrian used the whip excessively prior to the 200 metres on his mount FLUROLITE.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr S Clotworthy assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Magorrian used his whip approximately15 times between the turn and the 200 metres. He said there was no respite apart from a brief pause when Mr Magorrian changed his whip action.
Mr Magorrian acknowledged he struck his mount 15 times prior to the 200 metres and had nothing further to add.
Mr Clotworthy said FLUROLITE was a lazy horse and it was apparent Mr Magorrian was trying too hard.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Magorrian's record which showed 2 previous breach under this Rule in the last 12 months. These occurred on 12 May incurring a $150 fine and May 21 incurring a $275 fine. Mr Coles said Mr Magorrian does not have a good record having had 2 previous breaches in the past month. He submitted a fine of not less than $500 and the Committee may wish to consider a suspension.
Mr Magorrian submitted that the Committee could consider a fine in the vicinity of $375.
Mr Clotworthy submitted that he would prefer a fine as Mr Magorrian is an apprentice with momentum who is in demand for rides. Mr Clotworthy added that he has made arrangements for Mr Magorrian to receive additional coaching from the riding master. He recognised an increase in penalty was inevitable.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr Magorrian's admission of the breach. The number of strikes (15) is assessed as mid – range and the severity is assessed at the low end. A key factor in assessing penalty is that this is Mr Magorrian’s 3rd breach of this Rule within 4 weeks. On that basis the Committee is concerned that Mr Magorrian has not learnt from the 2 previous breaches and we have encouraged him to take up the offer of remedial coaching. We also had regard for Mr Magorrian’s status as an apprentice rider. We note that FLUROLITE was unplaced in the race.
Before imposing penalty the Committee referred to the JCA Penalty Guide and similar breaches under this Rule.
After taking into account all the above factors the Committee considers a fine of $500 is appropriate.
penalty:
Accordingly, Mr Magorrian is fined the sum of $500.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mr S Clotworthy - Trainer assisting Mr Magorrian, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bc6af52f5fc0f757f173eda195e762f7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 24fed3e67c767a788bc968f6a25fede9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/06/2014
meet_title: Whangarei RC - 14 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Whangarei RC