Waikato RC 6 June 2015 – R 3
ID: JCA13344
Code:
Thoroughbred
Meet Title:
Waikato RC - 6 June 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/06/06
Race Number:
R3
Decision:
As Mr Magorrian admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 13 June and conclude after racing on 24 June 2015 (5 North Island days).
Facts:
Following the running of race 3, NRM 2100, an Information was filed pursuant to Rule 636 (1)(d). The Informant, Mr Oatham, alleged that Mr Magorrian failed to ride ETHICAL out to the end of the race when there was a reasonable chance of it finishing in a better position.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Magorrian at the hearing.
Rule 636(1) (d) provides: being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;
Mr Oatham advised the Committee that ETHICAL was beaten a head for 4th placing. He said the Stewards believed that Mr Magorrian changed his riding style 4 strides from the finish when he put his whip away.
Mr Robinson demonstrated on the video footage that ETHICAL was under a hard ride before the turn. He identified on the head – on film that 4 strides before the finish line Mr Magorrian stood up with full weight in his irons.
Mr Oatham said ETHICAL was the favourite for the race and noted the horse was making ground in the run to the finish. He added that when a jockey relaxes its ride on winter tracks the horse can stop quickly.
Mr Magorrian said the 4th placed horse was always in front of him.
In response to a question from the Committee, Mr Magorrian conceded that he made an error of judgement by standing up in his irons 3 to 4 strides before the finish.
Mr Harris told the Committee that he has been trying to slow Mr Magorrian’s whip action down and asked the Committee to consider this is his first charge under this Rule.
Submissions for Penalty:
Mr Oatham produced Mr Magorrian’s record which showed no previous breach under this Rule. He said Mr Magorrian should be given credit for his admission of the breach, clear record and he assessed the incident at the bottom end. However, he said Mr Magorrian clearly stopped riding his mount out short of the finish line and with first four betting involved this is an aggravating factor. Mr Oatham referred to similar breaches which showed a variance in penalties ranging from $500 fines up to 2 weeks suspension. He mentioned the JCA Penalty Guide which recommended a starting point of 2 weeks suspension. Mr Oatham submitted a 3 to 4 day suspension would be an appropriate penalty.
Mr Magorrian advised that he had upcoming engagements at Ruakaka on 13 June, and after talking to his Manager sought a deferment to any proposed suspension. Mr Magorrian told the Committee that he rode on 4 June at Taranaki which was an Industry day.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee adopted 2 weeks as the starting point in accordance with the JCA Penalty Guide effective 1 May. The starting point relates to the potential placing (4th) deemed to have been lost as a result of the breach.
The mitigating factors are Mr Magorrian’s admission of the breach and his clear record in relation to this Rule for which he is given credit. However, this has to be balanced against the aggravating factors. The head – on film clearly shows that Mr Magorrian stood up in his irons 4 strides before the finish line. We believe there was a reasonable chance of ETHICAL running into a position for which there is prize money to be awarded or a dividend to be declared. It is significant that ETHICAL was beaten a head for 4th place and we viewed the horse was making ground strongly in the final straight when been ridden with vigour. The connections and betting public who had invested on ETHICAL were potentially let down by the actions of Mr Magorrian. We are satisfied this breach was an error of judgement.
The Committee referred to similar penalties under this Rule in the North Island. This showed prior to 1 May penalties ranged from 4 to 7 day suspensions.
In determining penalty, the Committee had regard for the need to maintain Integrity and public confidence in racing.
The Committee is satisfied that Mr Magorrian has a recent history of riding in the Central Districts on Industry days and this is reflected in penalty.
After taking into account all the above factors the Committee considers an appropriate suspension is 5 days.
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: 656083ad305c1da317cb1d8fc11f4e70
informantnumber: A6903
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to ride ETHICAL out to the end of the Race
plea: admitted
penaltyrequired: 1
decisiondate: 07/06/2015
hearing_title: Waikato RC 6 June 2015 - R 3
charge:
facts:
Following the running of race 3, NRM 2100, an Information was filed pursuant to Rule 636 (1)(d). The Informant, Mr Oatham, alleged that Mr Magorrian failed to ride ETHICAL out to the end of the race when there was a reasonable chance of it finishing in a better position.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Magorrian at the hearing.
Rule 636(1) (d) provides: being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;
Mr Oatham advised the Committee that ETHICAL was beaten a head for 4th placing. He said the Stewards believed that Mr Magorrian changed his riding style 4 strides from the finish when he put his whip away.
Mr Robinson demonstrated on the video footage that ETHICAL was under a hard ride before the turn. He identified on the head – on film that 4 strides before the finish line Mr Magorrian stood up with full weight in his irons.
Mr Oatham said ETHICAL was the favourite for the race and noted the horse was making ground in the run to the finish. He added that when a jockey relaxes its ride on winter tracks the horse can stop quickly.
Mr Magorrian said the 4th placed horse was always in front of him.
In response to a question from the Committee, Mr Magorrian conceded that he made an error of judgement by standing up in his irons 3 to 4 strides before the finish.
Mr Harris told the Committee that he has been trying to slow Mr Magorrian’s whip action down and asked the Committee to consider this is his first charge under this Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Magorrian’s record which showed no previous breach under this Rule. He said Mr Magorrian should be given credit for his admission of the breach, clear record and he assessed the incident at the bottom end. However, he said Mr Magorrian clearly stopped riding his mount out short of the finish line and with first four betting involved this is an aggravating factor. Mr Oatham referred to similar breaches which showed a variance in penalties ranging from $500 fines up to 2 weeks suspension. He mentioned the JCA Penalty Guide which recommended a starting point of 2 weeks suspension. Mr Oatham submitted a 3 to 4 day suspension would be an appropriate penalty.
Mr Magorrian advised that he had upcoming engagements at Ruakaka on 13 June, and after talking to his Manager sought a deferment to any proposed suspension. Mr Magorrian told the Committee that he rode on 4 June at Taranaki which was an Industry day.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee adopted 2 weeks as the starting point in accordance with the JCA Penalty Guide effective 1 May. The starting point relates to the potential placing (4th) deemed to have been lost as a result of the breach.
The mitigating factors are Mr Magorrian’s admission of the breach and his clear record in relation to this Rule for which he is given credit. However, this has to be balanced against the aggravating factors. The head – on film clearly shows that Mr Magorrian stood up in his irons 4 strides before the finish line. We believe there was a reasonable chance of ETHICAL running into a position for which there is prize money to be awarded or a dividend to be declared. It is significant that ETHICAL was beaten a head for 4th place and we viewed the horse was making ground strongly in the final straight when been ridden with vigour. The connections and betting public who had invested on ETHICAL were potentially let down by the actions of Mr Magorrian. We are satisfied this breach was an error of judgement.
The Committee referred to similar penalties under this Rule in the North Island. This showed prior to 1 May penalties ranged from 4 to 7 day suspensions.
In determining penalty, the Committee had regard for the need to maintain Integrity and public confidence in racing.
The Committee is satisfied that Mr Magorrian has a recent history of riding in the Central Districts on Industry days and this is reflected in penalty.
After taking into account all the above factors the Committee considers an appropriate suspension is 5 days.
penalty:
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 13 June and conclude after racing on 24 June 2015 (5 North Island days).
hearing_type: Hearing
Rules: 636(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider of ETHICAL
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d2fb1a4f80c4161213f2e790f4321c1a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 04ccc01d82f0964024f65961d862949c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/06/2015
meet_title: Waikato RC - 6 June 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Waikato RC