Taumarunui RC 4 July 2015 – R 4
ID: JCA14147
Code:
Thoroughbred
Meet Title:
Taumarunui RC - 4 July 2015
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2015/07/04
Race Number:
R4
Decision:
Mr Magorrian had a duty of care to ensure he was the required distance clear before attempting to shift in. The video footage shows that Mr Magorrian was not at least his own length and one other clear length in front of SINO HEIGHTS at the time of crossing.
Accordingly, we find the charged proved.
Penalty:
We grant Mr Magorrian’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 11 July and conclude after racing on 23 July 2015 (6 North Island days).
Facts:
Following the running of race 4, United Gaming Ltd, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 1850 metres Mr L Magorrian allowed his mount COOL HAND DUKE to shift in dictating SINO HEIGHTS (S McKay) inwards, crowding STELLA (M McNab) into the line of HIGHLY LIKELY (C Grylls) which was checked going back onto DIVISSIMA which also had to be checked and shifted outwards clipping a heel of HIGH TAIL IT.
Mr Magorrian acknowledged that he understood the Rule and confirmed that he denied the breach. Mr Harris supported Mr Magorrian at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Submissions for Decision:
Mr Oatham told the Committee he would be calling 4 witnesses namely Stipendiary Steward Mr Robinson, and the riders Mr Grylls, Mr McNab and Mr McKay.
The following are the salient points of each of the Informant’s witnesses.
Mr Robinson identified all the horses involved in the alleged incident by using the video footage. He demonstrated that COOL HAND DUKE jumped from barrier 9 and Mr Magorrian rode his mount with vigour to get handy. He said Mr Magorrian allowed his mount to shift in on a very acute angle when not the required distance clear of SINO HEIGHTS. He said this resulted in SINO HEIGHTS being dictated inwards crowding STELLA, into the running line of HIGHLY LIKELY which was checked sharply. He said this in turn required Mrs Thornton to check her mount which clipped a heel and blundered.
Mr Magorrian did not wish to cross examine Mr Robinson.
Mr Grylls stated in evidence that he received pressure from his outside which resulted in his mount being checked. He said Mr McNab was racing on his outside and about 1 length clear of him when he could see what was happening in front of him. He said HIGHLY LIKELY ran out of sufficient room and added that his horse's manners did not help the situation.
Under cross examination Mr Grylls stated that he was trying to hold his “spot” until he received pressure from his outside.
Mr McKay stated that Mr Magorrian had “used him a bit” when moving inwards. He said that Mr Magorrian was ½ a length clear of his mount when he dictated him inwards. He said that he looked to his inside and tried to grab a hold of his mount to relieve the pressure. He added that he was unable to relieve the pressure because Mr Magorrian’s horse was well inside his heels.
When asked under cross examination by Mr Magorrian if he called out he replied that he did not.
Mr Harris sought leave to explain this issue on behalf of Mr Magorrian and advised the Committee that senior riders would generally call out in similar circumstances.
Mr McNab stated that he was racing on the inside of Mr Magorrian and Mr McKay. He said that he was aware of horses that were starting to come across the field when he suffered a touch of interference. He said that Mr McKay was a length and a bit clear of him when he had to shift in to avoid heels. He added this resulted in horses racing on his inside being checked.
When queried under cross examination, Mr McNab stated that he did not call out to Mr McKay.
Mr Magorrian stated that he rode his mount with vigour to get handy and on the bit. He said there was no contact between his mount and Mr McKay’s. He said that he thought Mr McKay was clear of the horses on his inside and he simply followed him inwards.
In response to a question from the Committee, Mr Magorrian stated at the point of interference he was half a length clear of Mr McKay.
Mr Harris submitted that Mr Magorrian was following Mr McKay over and not dictating him inwards. He noted that Mr Magorrian was looking to his inside when shifting in and he felt sorry for Mr Magorrian given the circumstances of the incident.
Mr Oatham in summing up submitted that Mr Magorrian rode his mount forward with vigour and turned COOL HAND DUKE head in. He said Mr Magorrian allowed his mount to shift in on an acute angle when only ½ to ¾ of a length clear of Mr McKay’s mount. He said this meant Mr McKay had no opportunity to relieve the pressure which dictated Mr McNab’s mount. This in turn resulted in horses to his inside being checked when crowded for room. He said the films were quite clear and the riders involved in the incident confirmed this.
Mr Magorrian in summing up submitted that he followed Mr McKay inwards and he did not believe he dictated him inwards. He added that he thought Mr McKay was clear of horses to his inside and it was his intention to sit outside Mr McKay.
Mr Harris submitted that it was frustrating for Mr Magorrian as he followed Mr McKay in thinking he was entitled to do so. He said Mr Magorrian was a length in front of Mr McKay as there was no intent in his manoeuvre.
Mr Harris sought to give evidence on his interpretation of the breach and although the Committee did allow him some latitude, we reminded Mr Harris that his primary role in the hearing was to support Mr Magorrian. In that regard we recognised the fine line between supporting Mr Magorrian and giving evidence.
Reasons for Decision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times we established that Mr Magorrian jumped from barrier 9 and rode his mount forward with vigour prior to the first turn. We observed that when shifting in Mr Magorrian looked to his inside on several occasions and he had his horse's head turned in towards the running rail. The video footage clearly shows that Mr Magorrian permitted his mount to shift in on a sharp angle when only ¾ of a length clear of Mr McKay’s mount. This resulted in SINO HEIGHTS being dictated inwards and several horses racing to his inside being checked to varying degrees. We note at the point of interference Mr Magorrian had moved into a position about 3 ½ horse widths off the running rail which meant there was insufficient room left for all the horses racing on his inside.
Submissions for Penalty:
Mr Oatham produced Mr Magorrian’s record which showed 5 previous breaches under this Rule in the last 12 months, the most recent being 8 May 2015 which attracted a 4 day suspension. He said Mr Magorrian has had a successful year and was a popular rider in demand who was still learning. He said that Mr Magorrian had shown improvement in recent times and Mr Harris was working hard with him. He assessed the level of carelessness was low end but said unfortunately for Mr Magorrian the consequences were reasonably severe. He submitted a penalty towards the low end would be appropriate.
Mr Magorrian advised that he had upcoming engagements at Ruakaka on 11 July, and sought a deferment to any proposed suspension. He asked the Committee to consider a low end suspension or a suspension/fine combination.
The Committee asked Mr Magorrian if he could advance any further compelling reasons for the Committee to give him favourable consideration for a suspension/fine combination. He conceded that there were no reasons other than he wanted to get back riding quickly so he could retain his position on the apprentice premiership.
Mr Magorrian submitted that he has ridden all over the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The Committee assessed the level of carelessness was low end and the only mitigating factor. However, this has to be balanced against the consequences of Mr Magorrian’s actions which resulted in 4 horses being checked to varying degrees. We note the worst affected was DIVISSIMA who clipped a heel and blundered when tightened for racing room. We assess the impact of the carelessness was mid – range. A further aggravating fact was Mr Magorrian’s record which we assess as poor even having regard for the fact he is an apprentice rider.
The Committee is concerned that Mr Magorrian has incurred a total of 10 suspensions in the last 12 months for breaching the careless riding rule and excessive whip use rule.
The Committee advised Mr Magorrian that he was not penalised for denying the breach but he loses the benefit of a discount on penalty that might otherwise have been given for an admission of a breach.
The Committee did consider Mr Magorrian’s request for a suspension / fine combination. In our opinion there were no compelling or exceptional circumstances placed before us to merit a combined penalty in this case.
The Committee was satisfied that Mr Magorrian has a recent history of riding all over the North Island.
After taking into account all the above factors we consider an appropriate penalty was a 6 day suspension.
JCA Decision Fields (raw)
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hearingid: 9ee52ebdd93d5f6bd115de36fb4103ca
informantnumber: A6911
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 06/07/2015
hearing_title: Taumarunui RC 4 July 2015 - R 4
charge:
facts:
Following the running of race 4, United Gaming Ltd, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 1850 metres Mr L Magorrian allowed his mount COOL HAND DUKE to shift in dictating SINO HEIGHTS (S McKay) inwards, crowding STELLA (M McNab) into the line of HIGHLY LIKELY (C Grylls) which was checked going back onto DIVISSIMA which also had to be checked and shifted outwards clipping a heel of HIGH TAIL IT.
Mr Magorrian acknowledged that he understood the Rule and confirmed that he denied the breach. Mr Harris supported Mr Magorrian at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham told the Committee he would be calling 4 witnesses namely Stipendiary Steward Mr Robinson, and the riders Mr Grylls, Mr McNab and Mr McKay.
The following are the salient points of each of the Informant’s witnesses.
Mr Robinson identified all the horses involved in the alleged incident by using the video footage. He demonstrated that COOL HAND DUKE jumped from barrier 9 and Mr Magorrian rode his mount with vigour to get handy. He said Mr Magorrian allowed his mount to shift in on a very acute angle when not the required distance clear of SINO HEIGHTS. He said this resulted in SINO HEIGHTS being dictated inwards crowding STELLA, into the running line of HIGHLY LIKELY which was checked sharply. He said this in turn required Mrs Thornton to check her mount which clipped a heel and blundered.
Mr Magorrian did not wish to cross examine Mr Robinson.
Mr Grylls stated in evidence that he received pressure from his outside which resulted in his mount being checked. He said Mr McNab was racing on his outside and about 1 length clear of him when he could see what was happening in front of him. He said HIGHLY LIKELY ran out of sufficient room and added that his horse's manners did not help the situation.
Under cross examination Mr Grylls stated that he was trying to hold his “spot” until he received pressure from his outside.
Mr McKay stated that Mr Magorrian had “used him a bit” when moving inwards. He said that Mr Magorrian was ½ a length clear of his mount when he dictated him inwards. He said that he looked to his inside and tried to grab a hold of his mount to relieve the pressure. He added that he was unable to relieve the pressure because Mr Magorrian’s horse was well inside his heels.
When asked under cross examination by Mr Magorrian if he called out he replied that he did not.
Mr Harris sought leave to explain this issue on behalf of Mr Magorrian and advised the Committee that senior riders would generally call out in similar circumstances.
Mr McNab stated that he was racing on the inside of Mr Magorrian and Mr McKay. He said that he was aware of horses that were starting to come across the field when he suffered a touch of interference. He said that Mr McKay was a length and a bit clear of him when he had to shift in to avoid heels. He added this resulted in horses racing on his inside being checked.
When queried under cross examination, Mr McNab stated that he did not call out to Mr McKay.
Mr Magorrian stated that he rode his mount with vigour to get handy and on the bit. He said there was no contact between his mount and Mr McKay’s. He said that he thought Mr McKay was clear of the horses on his inside and he simply followed him inwards.
In response to a question from the Committee, Mr Magorrian stated at the point of interference he was half a length clear of Mr McKay.
Mr Harris submitted that Mr Magorrian was following Mr McKay over and not dictating him inwards. He noted that Mr Magorrian was looking to his inside when shifting in and he felt sorry for Mr Magorrian given the circumstances of the incident.
Mr Oatham in summing up submitted that Mr Magorrian rode his mount forward with vigour and turned COOL HAND DUKE head in. He said Mr Magorrian allowed his mount to shift in on an acute angle when only ½ to ¾ of a length clear of Mr McKay’s mount. He said this meant Mr McKay had no opportunity to relieve the pressure which dictated Mr McNab’s mount. This in turn resulted in horses to his inside being checked when crowded for room. He said the films were quite clear and the riders involved in the incident confirmed this.
Mr Magorrian in summing up submitted that he followed Mr McKay inwards and he did not believe he dictated him inwards. He added that he thought Mr McKay was clear of horses to his inside and it was his intention to sit outside Mr McKay.
Mr Harris submitted that it was frustrating for Mr Magorrian as he followed Mr McKay in thinking he was entitled to do so. He said Mr Magorrian was a length in front of Mr McKay as there was no intent in his manoeuvre.
Mr Harris sought to give evidence on his interpretation of the breach and although the Committee did allow him some latitude, we reminded Mr Harris that his primary role in the hearing was to support Mr Magorrian. In that regard we recognised the fine line between supporting Mr Magorrian and giving evidence.
reasonsfordecision:
The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times we established that Mr Magorrian jumped from barrier 9 and rode his mount forward with vigour prior to the first turn. We observed that when shifting in Mr Magorrian looked to his inside on several occasions and he had his horse's head turned in towards the running rail. The video footage clearly shows that Mr Magorrian permitted his mount to shift in on a sharp angle when only ¾ of a length clear of Mr McKay’s mount. This resulted in SINO HEIGHTS being dictated inwards and several horses racing to his inside being checked to varying degrees. We note at the point of interference Mr Magorrian had moved into a position about 3 ½ horse widths off the running rail which meant there was insufficient room left for all the horses racing on his inside.
Decision:
Mr Magorrian had a duty of care to ensure he was the required distance clear before attempting to shift in. The video footage shows that Mr Magorrian was not at least his own length and one other clear length in front of SINO HEIGHTS at the time of crossing.
Accordingly, we find the charged proved.
sumissionsforpenalty:
Mr Oatham produced Mr Magorrian’s record which showed 5 previous breaches under this Rule in the last 12 months, the most recent being 8 May 2015 which attracted a 4 day suspension. He said Mr Magorrian has had a successful year and was a popular rider in demand who was still learning. He said that Mr Magorrian had shown improvement in recent times and Mr Harris was working hard with him. He assessed the level of carelessness was low end but said unfortunately for Mr Magorrian the consequences were reasonably severe. He submitted a penalty towards the low end would be appropriate.
Mr Magorrian advised that he had upcoming engagements at Ruakaka on 11 July, and sought a deferment to any proposed suspension. He asked the Committee to consider a low end suspension or a suspension/fine combination.
The Committee asked Mr Magorrian if he could advance any further compelling reasons for the Committee to give him favourable consideration for a suspension/fine combination. He conceded that there were no reasons other than he wanted to get back riding quickly so he could retain his position on the apprentice premiership.
Mr Magorrian submitted that he has ridden all over the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The Committee assessed the level of carelessness was low end and the only mitigating factor. However, this has to be balanced against the consequences of Mr Magorrian’s actions which resulted in 4 horses being checked to varying degrees. We note the worst affected was DIVISSIMA who clipped a heel and blundered when tightened for racing room. We assess the impact of the carelessness was mid – range. A further aggravating fact was Mr Magorrian’s record which we assess as poor even having regard for the fact he is an apprentice rider.
The Committee is concerned that Mr Magorrian has incurred a total of 10 suspensions in the last 12 months for breaching the careless riding rule and excessive whip use rule.
The Committee advised Mr Magorrian that he was not penalised for denying the breach but he loses the benefit of a discount on penalty that might otherwise have been given for an admission of a breach.
The Committee did consider Mr Magorrian’s request for a suspension / fine combination. In our opinion there were no compelling or exceptional circumstances placed before us to merit a combined penalty in this case.
The Committee was satisfied that Mr Magorrian has a recent history of riding all over the North Island.
After taking into account all the above factors we consider an appropriate penalty was a 6 day suspension.
penalty:
We grant Mr Magorrian’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 11 July and conclude after racing on 23 July 2015 (6 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider of COOL HAND DUKE
Otherperson: Mr N Harris - Apprentice Jockey Mentor supporting Mr Magorrian, Mr S McKay - Apprentice Rider of - SINO HEIGHTS, Mr C Grylls - Rider of HIGHLY LIKELY, Mr M McNab - Rider of STELLA, Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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race_title: R4
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meetdate: 04/07/2015
meet_title: Taumarunui RC - 4 July 2015
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