Dargaville RC 13 November 2015 – R 2 – Chair, Mr R Seabrook
ID: JCA12492
Code:
Thoroughbred
Meet Title:
Dargaville RC - 13 November 2015
Meet Chair:
RSeabrook
Meet Committee Member 1:
AGodsalve
Race Date:
2015/11/13
Race Number:
R2
Decision:
As the breach was admitted we find the charge proved.
Penalty:
After taking all the above into account we impose a fine of $1400.
Facts:
Following race 2, the Lion Red Maiden 1000, an information was filed pursuant to rule 649 (1) (a). The informant alleged that Mr L Magorrian attempted to weigh out for MACAKIZI without wearing a body protector.
The rule reads as follows: a rider must not do or permit any wrongful act or omission with respect to weight or weighing.
Mr Williamson told the committee that it was bought to his notice by assistant stipendiary steward, Miss P Kinsley, that Mr Magorrian had attempted to weigh out without a body protector. His carded weight for his mount MACAKIZI was 55 kgs. Mr Williamson said the difference if the body protector had been included was not significant and the only person being penalised was Mr Magorrian.
Miss Kinsley was called in as a witness and said she was present at the scales when Mr Magorrian came to weigh out. She said she was alerted by the clerk of the scales, Mr R Sanders, that Mr Magorrian did not have his body vest on. Miss Kinsley said Mr Magorrian, on being told of his omission, immediately went back and added the vest to be reweighed.
Mr Magorrian asked Miss Kinsley if she had noticed whether his colours were undone and whether she believed it could have been a genuine mistake on his behalf. She confirmed that the colours were undone.
Mr R Sanders, clerk of the scales, was then called and he said Mr Magorrian had presented himself to weigh out in his colours but without a body protector. He added Mr Magorrian was not claiming his allowance. Mr Sanders concluded by saying that the top button of Mr Magorrian's colours was done up but the remainder were undone.
Mr Magorrian said he was weighing out for race 2 and had been changing his top for a lighter one when he was told to hurry up to weigh out. He said he got his gear on and went to the scales with his colours open so his chest was clearly visible but had forgotten to include his body protector. Mr Magorrian said it was a genuine mistake and if he had wanted to cheat he would have buttoned up his colours.
Mr Clotworthy said the committee had heard from Mr Sanders who confirmed Mr Magorrian's colours were undone and reiterated that if Mr Magorrian was trying to cheat he would have had his colours closed. He stated the inclusion of the body protector would not have made a difference to the published weight and in his opinion this was a genuine mistake at the minor end.
Submissions for Penalty:
Mr Williamson said although Mr Magorrian had admitted the breach it was clear he had attempted to weigh out without his body protector. He added that Mr Magorrian had incurred seven charges in the last twelve months relating to weight issues so his record was of real concern. Although people make genuine mistakes it was hard for the stewards to accept that was the reason in this case. However he said he did not think Mr Magorrian would benefit from a suspension and submitted a fine of no less than $1250 would be appropriate.
In an answer to a question from the committee Mr Williamson confirmed that Mr Magorrian would not have gained an advantage due to the omission of the body protector.
Mr Magorrian said he was right up there in the apprentice championship and had been trying hard to keep his weight down so a suspension would make things very difficult for him. He added he would prefer a fine.
Mr Clotworthy agreed a suspension would not be good for Mr Magorrian. He reiterated that there was no advantage to be gained by Mr Magorrian leaving off his vest and it was simply a mistake.
Mr Harris said he was proud of what Mr Magorrian had been achieving and he was making a lot of progress in his riding. He said Mr Magorrian had the promise of a trip to Australia shortly so he had a lot to lose if a suspension was imposed. He added that Mr Magorrian had been trying very hard of late and regularly contacted him for his assessment on his progress.
In answer to a question from the committee Mr Harris believed this was a genuine mistake on Mr Magorrian's part.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions. The only mitigating factor is Mr Magorrian's admission of the breach. Obviously the major aggravating factor is his record relating to weight issues which can only be described as apalling with 7 charges in the last 12 months. The committe seriously considerd a suspension when deciding on an appropriate penalty. However the submissions from both Mr Clotworthy and Mr Harris, and the fact that Mr Magorrian was not going to gain an advantage by leaving off his vest and that his colours were undone, added considerable weight in the committee accepting that Mr Magorrian's breach in this case was a genuine mistake. We were also of the mind that a suspension was not in the best interest for Mr Magorrian or indeed the industry. However a substantial fine is necessary to act as a deterrent not only to Mr Magorrian but to all licensed riders who might compile a similar record. The Committee considered that an increase on the penalty submitted by Mr Williamson was appropriate in the circumstances.
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: 6256c86fe4c44a00a67f099bfebcefa7
informantnumber: 7855
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Weight Issue
plea: admitted
penaltyrequired: 1
decisiondate: 15/11/2015
hearing_title: Dargaville RC 13 November 2015 - R 2 - Chair, Mr R Seabrook
charge:
facts:
Following race 2, the Lion Red Maiden 1000, an information was filed pursuant to rule 649 (1) (a). The informant alleged that Mr L Magorrian attempted to weigh out for MACAKIZI without wearing a body protector.
The rule reads as follows: a rider must not do or permit any wrongful act or omission with respect to weight or weighing.
Mr Williamson told the committee that it was bought to his notice by assistant stipendiary steward, Miss P Kinsley, that Mr Magorrian had attempted to weigh out without a body protector. His carded weight for his mount MACAKIZI was 55 kgs. Mr Williamson said the difference if the body protector had been included was not significant and the only person being penalised was Mr Magorrian.
Miss Kinsley was called in as a witness and said she was present at the scales when Mr Magorrian came to weigh out. She said she was alerted by the clerk of the scales, Mr R Sanders, that Mr Magorrian did not have his body vest on. Miss Kinsley said Mr Magorrian, on being told of his omission, immediately went back and added the vest to be reweighed.
Mr Magorrian asked Miss Kinsley if she had noticed whether his colours were undone and whether she believed it could have been a genuine mistake on his behalf. She confirmed that the colours were undone.
Mr R Sanders, clerk of the scales, was then called and he said Mr Magorrian had presented himself to weigh out in his colours but without a body protector. He added Mr Magorrian was not claiming his allowance. Mr Sanders concluded by saying that the top button of Mr Magorrian's colours was done up but the remainder were undone.
Mr Magorrian said he was weighing out for race 2 and had been changing his top for a lighter one when he was told to hurry up to weigh out. He said he got his gear on and went to the scales with his colours open so his chest was clearly visible but had forgotten to include his body protector. Mr Magorrian said it was a genuine mistake and if he had wanted to cheat he would have buttoned up his colours.
Mr Clotworthy said the committee had heard from Mr Sanders who confirmed Mr Magorrian's colours were undone and reiterated that if Mr Magorrian was trying to cheat he would have had his colours closed. He stated the inclusion of the body protector would not have made a difference to the published weight and in his opinion this was a genuine mistake at the minor end.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Williamson said although Mr Magorrian had admitted the breach it was clear he had attempted to weigh out without his body protector. He added that Mr Magorrian had incurred seven charges in the last twelve months relating to weight issues so his record was of real concern. Although people make genuine mistakes it was hard for the stewards to accept that was the reason in this case. However he said he did not think Mr Magorrian would benefit from a suspension and submitted a fine of no less than $1250 would be appropriate.
In an answer to a question from the committee Mr Williamson confirmed that Mr Magorrian would not have gained an advantage due to the omission of the body protector.
Mr Magorrian said he was right up there in the apprentice championship and had been trying hard to keep his weight down so a suspension would make things very difficult for him. He added he would prefer a fine.
Mr Clotworthy agreed a suspension would not be good for Mr Magorrian. He reiterated that there was no advantage to be gained by Mr Magorrian leaving off his vest and it was simply a mistake.
Mr Harris said he was proud of what Mr Magorrian had been achieving and he was making a lot of progress in his riding. He said Mr Magorrian had the promise of a trip to Australia shortly so he had a lot to lose if a suspension was imposed. He added that Mr Magorrian had been trying very hard of late and regularly contacted him for his assessment on his progress.
In answer to a question from the committee Mr Harris believed this was a genuine mistake on Mr Magorrian's part.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions. The only mitigating factor is Mr Magorrian's admission of the breach. Obviously the major aggravating factor is his record relating to weight issues which can only be described as apalling with 7 charges in the last 12 months. The committe seriously considerd a suspension when deciding on an appropriate penalty. However the submissions from both Mr Clotworthy and Mr Harris, and the fact that Mr Magorrian was not going to gain an advantage by leaving off his vest and that his colours were undone, added considerable weight in the committee accepting that Mr Magorrian's breach in this case was a genuine mistake. We were also of the mind that a suspension was not in the best interest for Mr Magorrian or indeed the industry. However a substantial fine is necessary to act as a deterrent not only to Mr Magorrian but to all licensed riders who might compile a similar record. The Committee considered that an increase on the penalty submitted by Mr Williamson was appropriate in the circumstances.
penalty:
After taking all the above into account we impose a fine of $1400.
hearing_type: Hearing
Rules: 649 (1) (a)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Jockey
Otherperson: Mr S Clotworthy, employer of Mr Magorrian, Mr N Harris - Apprentice Jockey Mentor supporting Mr Magorrian, Miss P Kinsley - Assistant Stipendiary Steward, Mr R Sanders - Clerk of the Scales
PersonPresent:
Respondent:
StipendSteward:
raceid: 7e1f74255e02c6ea618e880cf1a019b4
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: aa5be550f46050ef73e9f3db69211bb9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/11/2015
meet_title: Dargaville RC - 13 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: dargaville-rc
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: AGodsalve
meet_pm2: none
name: Dargaville RC