Taupo RC 18 September 2015 – R 9 – Chair, Mr N McCutcheon
ID: JCA12117
Code:
Thoroughbred
Meet Title:
Taupo RC - 18 September 2015
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
TCastles
Race Date:
2015/09/18
Race Number:
R 9
Decision:
As the breach was admitted it was deemed to be proved.
Penalty:
Mr Magorrian was fined $750.00.
Facts:
Following the running of Race 9 (DPA Chartered Accountants 1800) Information No. A4389 was filed with the Judicial Committee. It alleged that Mr Magorrian changed his saddle after weighing out.
Mr Magorrian acknowledged that he understood the rule and confirmed that he admitted the breach.
Rule 619 in part reads:
…and unless a Stipendiary Steward permits otherwise, that rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead-weight about his body) or riding gear which he did or did not weigh out as the case may be.
Submissions for Decision:
Mr Coles said that Mr Robinson, Stipendiary Steward, observed Mr Magorrian weigh out with a black saddle and that when his mount MOORISH appeared in the parade ring it was saddled with a white saddle. The Stipendiary Stewards questioned Mr Magorrian and he admitted that he had changed the saddle after weighing out. Mr Coles said that Mr Magorrian was ordered to re-weigh with the white saddle and his weigh out weight was 0.5kg heavier than it was with the black saddle.
Mr Rogerson, assisting Mr Magorrian, said that the black saddle did not have a tree and that Mr Magorrian was worried that it would shift about on the horse, hence the reason he changed the saddle. He said that Mr Magorrian has a massive weight problem. He added that Mr Magorrian had stayed at his place last evening, rode work at 4am until 7am the following morning (raceday) following which he spent time in a sauna.
Mr Harris did not have anything new to add.
The chairman requested that the two saddles be presented at the hearing for inspection. However Mr Magorrian could only produce the white saddle as he had borrowed the black one which was owned by a fellow jockey whom by this time had left the course.
Submissions for Penalty:
Mr Coles said that this was the first time Mr Magorrian had been charged under Rule 619 and in response to a question from the Chair, added that he had had several fines re weight breaches. Mr Coles produced Mr Magorrian’s record confirming several fines had been imposed in a relatively short period of time. Mr Coles submitted that a fine within the range of $500 - $750 would be a suitable penalty.
Mr Rogerson said that Mr Magorrian had admitted the breach immediately. He reiterated that he only did it because he was afraid the saddle might roll. He asked that a fine only be imposed and asked the committee to be mindful that apprentice jockeys only retain half of their earnings, hence any fine imposed would be significant. He said that Mr Magorrian had made a foolish mistake but was sure that he would learn from it. Mr Rogerson objected to the other weight breaches being disclosed as he said that they were all under different rules. The Chair advised Mr Rogerson that the committee was entitled to know of Mr Magorrian’s weight offences and that whilst they were under different rules they were all relative and that what significance would be attached to those breaches was entirely over to the committee.
Reasons for Penalty:
The committee carefully considered all of the evidence and taking into account the seriousness of the breach (high) and Mr Magorrian’s poor record in relation to weight and weighing offences, determined that the penalty should be at the higher level. Mr Magorrian’s record shows that this breach was his seventh weight related offence since October 2014. The committee deemed that the starting point be $1,000, but due to the admittance of the breach reduced the penalty to $750.00.
JCA Decision Fields (raw)
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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: 33aed69499ca0ebf725b8354c0160ce9
informantnumber: A4389
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Changed saddle after weigh-out
plea: admitted
penaltyrequired: 1
decisiondate: 21/09/2015
hearing_title: Taupo RC 18 September 2015 - R 9 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 9 (DPA Chartered Accountants 1800) Information No. A4389 was filed with the Judicial Committee. It alleged that Mr Magorrian changed his saddle after weighing out.
Mr Magorrian acknowledged that he understood the rule and confirmed that he admitted the breach.
Rule 619 in part reads:
…and unless a Stipendiary Steward permits otherwise, that rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead-weight about his body) or riding gear which he did or did not weigh out as the case may be.
appealdecision:
isappeal:
submissionsfordecision:
Mr Coles said that Mr Robinson, Stipendiary Steward, observed Mr Magorrian weigh out with a black saddle and that when his mount MOORISH appeared in the parade ring it was saddled with a white saddle. The Stipendiary Stewards questioned Mr Magorrian and he admitted that he had changed the saddle after weighing out. Mr Coles said that Mr Magorrian was ordered to re-weigh with the white saddle and his weigh out weight was 0.5kg heavier than it was with the black saddle.
Mr Rogerson, assisting Mr Magorrian, said that the black saddle did not have a tree and that Mr Magorrian was worried that it would shift about on the horse, hence the reason he changed the saddle. He said that Mr Magorrian has a massive weight problem. He added that Mr Magorrian had stayed at his place last evening, rode work at 4am until 7am the following morning (raceday) following which he spent time in a sauna.
Mr Harris did not have anything new to add.
The chairman requested that the two saddles be presented at the hearing for inspection. However Mr Magorrian could only produce the white saddle as he had borrowed the black one which was owned by a fellow jockey whom by this time had left the course.
reasonsfordecision:
Decision:
As the breach was admitted it was deemed to be proved.
sumissionsforpenalty:
Mr Coles said that this was the first time Mr Magorrian had been charged under Rule 619 and in response to a question from the Chair, added that he had had several fines re weight breaches. Mr Coles produced Mr Magorrian’s record confirming several fines had been imposed in a relatively short period of time. Mr Coles submitted that a fine within the range of $500 - $750 would be a suitable penalty.
Mr Rogerson said that Mr Magorrian had admitted the breach immediately. He reiterated that he only did it because he was afraid the saddle might roll. He asked that a fine only be imposed and asked the committee to be mindful that apprentice jockeys only retain half of their earnings, hence any fine imposed would be significant. He said that Mr Magorrian had made a foolish mistake but was sure that he would learn from it. Mr Rogerson objected to the other weight breaches being disclosed as he said that they were all under different rules. The Chair advised Mr Rogerson that the committee was entitled to know of Mr Magorrian’s weight offences and that whilst they were under different rules they were all relative and that what significance would be attached to those breaches was entirely over to the committee.
reasonsforpenalty:
The committee carefully considered all of the evidence and taking into account the seriousness of the breach (high) and Mr Magorrian’s poor record in relation to weight and weighing offences, determined that the penalty should be at the higher level. Mr Magorrian’s record shows that this breach was his seventh weight related offence since October 2014. The committee deemed that the starting point be $1,000, but due to the admittance of the breach reduced the penalty to $750.00.
penalty:
Mr Magorrian was fined $750.00.
hearing_type: Hearing
Rules: 619
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Jockey
Otherperson: Mr G Rogerson - Licensed Trainer assisting Mr Magorrian, Mr N Harris - National Riding Master, Mr R Neal - Co-Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4af897b6f07d35f7f39cffb2bec9a9ff
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 89236e9e5affc7623fa307635aea2edb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/09/2015
meet_title: Taupo RC - 18 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taupo-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: TCastles
meet_pm2: none
name: Taupo RC