Waipa RC 24 October 2014 – R 6
ID: JCA14788
Code:
Thoroughbred
Meet Title:
Waipa RC - 24 October 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
RSeabrook
Race Date:
2014/10/24
Race Number:
R6
Decision:
As this breach was admitted the Committee find the charge proved.
Penalty:
Accordingly the Committee imposes a suspension on Mr Magorrian which will commence after racing on 30 October and conclude after racing on 7 November, 4 North Island days.
The race meetings involved in this period are:
1 November Tauranga
4 November Ellerslie
5 November Avondale
7 November Rotorua
Facts:
Following the running of race 6, the Craigs Takeaways @ Whangamata 1150, an Information was filed pursuant to Rule 638(1)(d). The Informant, Stipendiary Steward Mr A Coles alleged that near the 100 metres Apprentice rider Mr L Magorrian allowed his mount SEREIN to shift in when not sufficently clear of THEODORE (Mr M Hills) which had to check, losing ground.
Prior to the hearing of this Information Mr Coles told the Committee that Apprentice L Magorrian's employer, Mr S Clotworthy, was not present on course. Mr Magorrian had enlisted the assistance of another trainer who had unfortunately left the course. Mr Coles and Mr Magorrian assured the Committee that as this was an admitted breach they felt it could be heard without anyone assisting Mr Magorrian.
Mr Magorrian acknowledged that he understood the Rule and the nature of this charge and confirmed that he admitted the breach.
Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles identified the horses SEREIN and THEODORE on the head-on film. He pointed out that SEREIN was racing in a 3 wide position with THEODORE on the rail inside it. Another runner between SEREIN and THEODORE had started to weaken out. The horse PENZANCE (Ms R Smyth) was outside SEREIN just prior to the 100 metres when PENZANCE moved inwards slightly placing pressure on SEREIN. Mr Magorrian reacted to that pressure by directing his mount inwards and in doing so hampered THEODORE causing Mr Hills to take a strong hold on the horse. As a result of that check THEODORE lost any momentum that it had. At the time of this interference SEREIN had been barely one length ahead of THEODORE.
Mr Magorrian acknowledged that he was not the necessary distance clear of THEODORE when he angled inwards, however he did add that he had been dictated inwards by movement from Ms Smyth's mount. He added that his mount was running on at the time and that he had attempted to gain clear running for it.
Submissions for Penalty:
Mr Coles produced Mr Magorrian's record which showed one previous breach of this Rule in the past 12 months (30 August 2014) when he had been suspended for a period of 4 days. Mr Coles added that Mr Magorrian should be given credit for his early admission of the breach. He stated that the inwards pressure on Mr Magorrian's mount by Ms Smyth was a contributing factor in this matter, and that the incident fell into the low-medium range on the scale of seriousness. In response to a question from the Committee Mr Coles added that Mr Hills, when interviewed, had stated that his chances of finishing in a better position were not affected as a result of the interference as his mount was not running on. He added that while it was clear a period of suspension was inevitable the Committee may take into account the mitigating circumstances and Mr Magorrian's good record of breaches of this Rule.
Mr Magorrian confirmed that he rode only in the North Island. He told the Committee that he had engagements at Taranaki on 30 October and any period of suspension could commence after then.
Reasons for Penalty:
The Committee considered the evidence and submissions of the parties. We adopted 5 riding days as the starting point in considering a term of suspension. The mitigating factors are Mr Magorrian's admission of the breach, his good record of breaches of this Rule for a busy rider, and the contributing pressure from the horse outside him prior to the incident. Balancing those factors is that the pressure on Mr Hills' mount causing him to take a strong hold to avoid any further consequences.
We accept that the level of carelessness was between low-mid range.
After taking all of the above into consideration the Committee considers an appropriate penalty to be a 4 day suspension.
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: 7c78c953cd4650a247a5950b924bb7c9
informantnumber: A4357
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 17/10/2014
hearing_title: Waipa RC 24 October 2014 - R 6
charge:
facts:
Following the running of race 6, the Craigs Takeaways @ Whangamata 1150, an Information was filed pursuant to Rule 638(1)(d). The Informant, Stipendiary Steward Mr A Coles alleged that near the 100 metres Apprentice rider Mr L Magorrian allowed his mount SEREIN to shift in when not sufficently clear of THEODORE (Mr M Hills) which had to check, losing ground.
Prior to the hearing of this Information Mr Coles told the Committee that Apprentice L Magorrian's employer, Mr S Clotworthy, was not present on course. Mr Magorrian had enlisted the assistance of another trainer who had unfortunately left the course. Mr Coles and Mr Magorrian assured the Committee that as this was an admitted breach they felt it could be heard without anyone assisting Mr Magorrian.
Mr Magorrian acknowledged that he understood the Rule and the nature of this charge and confirmed that he admitted the breach.
Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles identified the horses SEREIN and THEODORE on the head-on film. He pointed out that SEREIN was racing in a 3 wide position with THEODORE on the rail inside it. Another runner between SEREIN and THEODORE had started to weaken out. The horse PENZANCE (Ms R Smyth) was outside SEREIN just prior to the 100 metres when PENZANCE moved inwards slightly placing pressure on SEREIN. Mr Magorrian reacted to that pressure by directing his mount inwards and in doing so hampered THEODORE causing Mr Hills to take a strong hold on the horse. As a result of that check THEODORE lost any momentum that it had. At the time of this interference SEREIN had been barely one length ahead of THEODORE.
Mr Magorrian acknowledged that he was not the necessary distance clear of THEODORE when he angled inwards, however he did add that he had been dictated inwards by movement from Ms Smyth's mount. He added that his mount was running on at the time and that he had attempted to gain clear running for it.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As this breach was admitted the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Magorrian's record which showed one previous breach of this Rule in the past 12 months (30 August 2014) when he had been suspended for a period of 4 days. Mr Coles added that Mr Magorrian should be given credit for his early admission of the breach. He stated that the inwards pressure on Mr Magorrian's mount by Ms Smyth was a contributing factor in this matter, and that the incident fell into the low-medium range on the scale of seriousness. In response to a question from the Committee Mr Coles added that Mr Hills, when interviewed, had stated that his chances of finishing in a better position were not affected as a result of the interference as his mount was not running on. He added that while it was clear a period of suspension was inevitable the Committee may take into account the mitigating circumstances and Mr Magorrian's good record of breaches of this Rule.
Mr Magorrian confirmed that he rode only in the North Island. He told the Committee that he had engagements at Taranaki on 30 October and any period of suspension could commence after then.
reasonsforpenalty:
The Committee considered the evidence and submissions of the parties. We adopted 5 riding days as the starting point in considering a term of suspension. The mitigating factors are Mr Magorrian's admission of the breach, his good record of breaches of this Rule for a busy rider, and the contributing pressure from the horse outside him prior to the incident. Balancing those factors is that the pressure on Mr Hills' mount causing him to take a strong hold to avoid any further consequences.
We accept that the level of carelessness was between low-mid range.
After taking all of the above into consideration the Committee considers an appropriate penalty to be a 4 day suspension.
penalty:
Accordingly the Committee imposes a suspension on Mr Magorrian which will commence after racing on 30 October and conclude after racing on 7 November, 4 North Island days.
The race meetings involved in this period are:
1 November Tauranga
4 November Ellerslie
5 November Avondale
7 November Rotorua
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr A Coles (Stipendiary Steward)
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 79f0d2ee75153db848b26c0127eacf7a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 58e6ec200d3cd58f023b4a6d6634ea33
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/10/2014
meet_title: Waipa RC - 24 October 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: RSeabrook
meet_pm2: none
name: Waipa RC