Hawke’s Bay RI 11 December 2014 – R 1
ID: JCA13570
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 11 December 2014
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2014/12/11
Race Number:
R1
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Apprentice Magorrian’s licence to ride is suspended from the close of racing on Wednesday 17 December up to and including racing on Monday 22 December 2014. This includes the Levin (18th), Waikato/Manawatu (20th) and Taranaki (22nd) meetings.
Facts:
Following the running of Race 1 (Desert Gold Club Handicap 2100m),Information A6781 was filed with the judicial committee. It alleged a breach of Rule 638(3)(b) in that Apprentice Magorrian “used his whip excessively prior to the 200 metres”.
Apprentice Magorrian, assisted by Mr G Barlow, confirmed he understood the rule and that he admitted the breach.
Mr Goodwin confirmed that the charge in this instance related to excessive use of the whip. Using the side-on and rear films, Mr Goodwin identified Apprentice Magorrian using his whip on SECOND HOPE prior to the 200 metres mark. He was observed to strike his horse approximately nine times before a reprieve for two strides, then delivering another three strikes prior to the 200 metres. Apprentice Magorrian admitted it was a simple mistake and that he was trying hard for his trainer on this occasion.
Submissions for Penalty:
In presenting Apprentice Magorrian’s record, Mr Goodwin identified it as not good; having five previous breaches within the last 12 months. His most recent breach was at Auckland on 6 September for which he received a three day period of suspension. Mr Goodwin submitted that the only redeeming feature was there had been a three month gap since his previous breach and that he was attempting to rectify his whip issues. Mr Goodwin submitted that Apprentice Magorrian received a number of rides and a fine of no less than $500 was appropriate. Apprentice Magorrian believed this breach should be dealt with by way of a fine and that he had admitted the breach and had improved with time on the mechanical horse under Mr du Plessis’ instruction. He stated that he had commitments at Matamata on 17 December and had never ridden at Ashburton or Gore. Mr Barlow said Mr Magorrian had made a simple mistake.
Reasons for Penalty:
The committee considered all of the submissions placed before it. It was clear that Mr Magorrian had a very bad record, with this being the sixth breach of this rule within the previous 12 month period. As his previous two breaches had been dealt with by way of a three day suspension on each of those breaches, the committee determined that a period of suspension was appropriate on this occasion, with a starting point slightly above a three day suspension. Excessive whip use has a very negative public perception and as Mr Magorrian had previous breaches of this rule, he should be aware of this. In mitigation the committee considered his admission of the breach, that this breach was just outside of the guidelines and that he had made some attempt to rectify his whip use over recent months. On balance the committee considered a three day period of suspension as appropriate.
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: 4769f233bb5b47f639e5321cf4facfb1
informantnumber: A6781
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2014
hearing_title: Hawke's Bay RI 11 December 2014 - R 1
charge:
facts:
Following the running of Race 1 (Desert Gold Club Handicap 2100m),Information A6781 was filed with the judicial committee. It alleged a breach of Rule 638(3)(b) in that Apprentice Magorrian “used his whip excessively prior to the 200 metres”.
Apprentice Magorrian, assisted by Mr G Barlow, confirmed he understood the rule and that he admitted the breach.
Mr Goodwin confirmed that the charge in this instance related to excessive use of the whip. Using the side-on and rear films, Mr Goodwin identified Apprentice Magorrian using his whip on SECOND HOPE prior to the 200 metres mark. He was observed to strike his horse approximately nine times before a reprieve for two strides, then delivering another three strikes prior to the 200 metres. Apprentice Magorrian admitted it was a simple mistake and that he was trying hard for his trainer on this occasion.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
In presenting Apprentice Magorrian’s record, Mr Goodwin identified it as not good; having five previous breaches within the last 12 months. His most recent breach was at Auckland on 6 September for which he received a three day period of suspension. Mr Goodwin submitted that the only redeeming feature was there had been a three month gap since his previous breach and that he was attempting to rectify his whip issues. Mr Goodwin submitted that Apprentice Magorrian received a number of rides and a fine of no less than $500 was appropriate. Apprentice Magorrian believed this breach should be dealt with by way of a fine and that he had admitted the breach and had improved with time on the mechanical horse under Mr du Plessis’ instruction. He stated that he had commitments at Matamata on 17 December and had never ridden at Ashburton or Gore. Mr Barlow said Mr Magorrian had made a simple mistake.
reasonsforpenalty:
The committee considered all of the submissions placed before it. It was clear that Mr Magorrian had a very bad record, with this being the sixth breach of this rule within the previous 12 month period. As his previous two breaches had been dealt with by way of a three day suspension on each of those breaches, the committee determined that a period of suspension was appropriate on this occasion, with a starting point slightly above a three day suspension. Excessive whip use has a very negative public perception and as Mr Magorrian had previous breaches of this rule, he should be aware of this. In mitigation the committee considered his admission of the breach, that this breach was just outside of the guidelines and that he had made some attempt to rectify his whip use over recent months. On balance the committee considered a three day period of suspension as appropriate.
penalty:
Apprentice Magorrian’s licence to ride is suspended from the close of racing on Wednesday 17 December up to and including racing on Monday 22 December 2014. This includes the Levin (18th), Waikato/Manawatu (20th) and Taranaki (22nd) meetings.
hearing_type: Hearing
Rules: Rule 638 (3)(b)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mr G Barlow - Trainer assisting Mr Magorrian
PersonPresent:
Respondent:
StipendSteward:
raceid: f6fa72f72ecce51afaf778ed80e12654
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d3bdfc860f1220fb3d9aafc66a200641
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/12/2014
meet_title: Hawkes Bay RI - 11 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: TCastles
meet_pm2: none
name: Hawkes Bay RI