Avondale JC 2 December 2015 – R 1 – Chair, Mr A Dooley
ID: JCA15790
Code:
Thoroughbred
Meet Title:
Avondale JC - 2 December 2015
Meet Chair:
ADooley
Race Date:
2015/12/02
Race Number:
R1
Decision:
As Mr Magorrian admitted the breach the Committee find the charge proved.
Penalty:
Mr Magorrian confirmed that he incurred a suspension at Waipa on 26 November. That suspension is to begin after racing at Avondale on 2 December and to conclude after racing at Waipukurau on 6 December 2015.
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 6 December and conclude after racing on 12 December 2015 (4 North Island days).
That period of suspension encompasses meetings at:
09/12/15 Auckland
10/12/15 Hastings
11/12/15 Tauranga
12/12/15 Waikato
Facts:
Following the running of race 1, Avondale Trials @ 8 December 1380, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Magorrian permitted his mount PACKING TYCOON to shift inwards when not sufficiently clear of CASTLE RIDGE which was checked near the 250 metres.
Mr Magorrian acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Clotworthy assisted 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.
Mr Oatham demonstrated the incident using all 4 video angles. He identified that near the 300 metres THE LAST SHOWER shifted out when racing on the inside of CASTLE RIDGE. He pointed out that Mr Magorrian was racing on the outside of CASTLE RIDGE with a clear gap of 2 horse widths between them. He showed where Mr Magorrian permitted his mount to shift in when being ridden out crowding and checking CASTLE RIDGE which lost ground. He said Mr Magorrian was only ¾ of a length clear when shifting in.
Mr Magorrian advised that he dropped his whip near the 300 metres and that contributed to the incident when his horse veered in.
Mr Clotworthy placed his interpretation of the incident by using all the video films. He identified that Mr Magorrian tried to straighten his mount before the incident occurred. He was of the view that THE LAST SHOWER made contact with CASTLE RIDGE prior to Mr Magorrian shifting in.
Submissions for Penalty:
Mr Coles produced Mr Magorrian’s record which showed 5 previous breaches under this Rule in the last 12 months. The most recent being on 26 November 2015 at Waipa which incurred a 4 day suspension. He said Mr Magorrian is a busy rider that rides all over the North Island and recently has made some trips to the South Island. He described the level of carelessness as low to mid - range and would let the Committee determine an appropriate penalty.
Mr Magorrian submitted that he had some good rides coming up at Waikato including STOLEN DANCE in a feature race. He asked the Committee to take this into account when considering any proposed penalty.
Mr Clotworthy submitted that Mr Magorrian's record is improving and he asked the Committee to consider imposing a fine because of the mitigating factors involved in this charge.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point as outlined in the Judicial Control Authority Penalty Guide. The mitigating facts were Mr Magorrian's admission of the breach and the fact he dropped his whip when his mount was shifting in may have contributed slightly to the incident.
The level of carelessness was assessed as low to mid - range because Mr Magorrian did not make sufficient effort to straighten his mount when it did show signs of shifting in. When the interference occurred Mr Magorrian was only ¾ of a length clear of CASTLE RIDGE.
The Committee considers Mr Magorrian’s careless riding record in the last 12 months to be only fair even taking into account his status as an Apprentice rider. This is an aggravating factor and the Committee notes that this is Mr Magorrian’s second breach within one week.
There were no compelling or exceptional circumstances placed before the Committee to merit a fine.
The Committee is satisfied that Mr Magorrian has a recent history of riding in the Central Districts on an Industry day accordingly Hastings is included in his penalty.
Normally this type of breach would warrant a 5 day suspension. However, consideration was given to the Premier meeting at Waikato and Mr Magorrian would be missing an important ride in a Group 2 $100,000 race. On this particular occasion a 1 day reduction in penalty was granted.
After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.
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: d1c030301d5dd3b5cd546f2726f1a515
informantnumber: A7857
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 03/12/2015
hearing_title: Avondale JC 2 December 2015 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Avondale Trials @ 8 December 1380, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Magorrian permitted his mount PACKING TYCOON to shift inwards when not sufficiently clear of CASTLE RIDGE which was checked near the 250 metres.
Mr Magorrian acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Clotworthy assisted 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.
Mr Oatham demonstrated the incident using all 4 video angles. He identified that near the 300 metres THE LAST SHOWER shifted out when racing on the inside of CASTLE RIDGE. He pointed out that Mr Magorrian was racing on the outside of CASTLE RIDGE with a clear gap of 2 horse widths between them. He showed where Mr Magorrian permitted his mount to shift in when being ridden out crowding and checking CASTLE RIDGE which lost ground. He said Mr Magorrian was only ¾ of a length clear when shifting in.
Mr Magorrian advised that he dropped his whip near the 300 metres and that contributed to the incident when his horse veered in.
Mr Clotworthy placed his interpretation of the incident by using all the video films. He identified that Mr Magorrian tried to straighten his mount before the incident occurred. He was of the view that THE LAST SHOWER made contact with CASTLE RIDGE prior to Mr Magorrian shifting in.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Magorrian’s record which showed 5 previous breaches under this Rule in the last 12 months. The most recent being on 26 November 2015 at Waipa which incurred a 4 day suspension. He said Mr Magorrian is a busy rider that rides all over the North Island and recently has made some trips to the South Island. He described the level of carelessness as low to mid - range and would let the Committee determine an appropriate penalty.
Mr Magorrian submitted that he had some good rides coming up at Waikato including STOLEN DANCE in a feature race. He asked the Committee to take this into account when considering any proposed penalty.
Mr Clotworthy submitted that Mr Magorrian's record is improving and he asked the Committee to consider imposing a fine because of the mitigating factors involved in this charge.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point as outlined in the Judicial Control Authority Penalty Guide. The mitigating facts were Mr Magorrian's admission of the breach and the fact he dropped his whip when his mount was shifting in may have contributed slightly to the incident.
The level of carelessness was assessed as low to mid - range because Mr Magorrian did not make sufficient effort to straighten his mount when it did show signs of shifting in. When the interference occurred Mr Magorrian was only ¾ of a length clear of CASTLE RIDGE.
The Committee considers Mr Magorrian’s careless riding record in the last 12 months to be only fair even taking into account his status as an Apprentice rider. This is an aggravating factor and the Committee notes that this is Mr Magorrian’s second breach within one week.
There were no compelling or exceptional circumstances placed before the Committee to merit a fine.
The Committee is satisfied that Mr Magorrian has a recent history of riding in the Central Districts on an Industry day accordingly Hastings is included in his penalty.
Normally this type of breach would warrant a 5 day suspension. However, consideration was given to the Premier meeting at Waikato and Mr Magorrian would be missing an important ride in a Group 2 $100,000 race. On this particular occasion a 1 day reduction in penalty was granted.
After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.
penalty:
Mr Magorrian confirmed that he incurred a suspension at Waipa on 26 November. That suspension is to begin after racing at Avondale on 2 December and to conclude after racing at Waipukurau on 6 December 2015.
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 6 December and conclude after racing on 12 December 2015 (4 North Island days).
That period of suspension encompasses meetings at:
09/12/15 Auckland
10/12/15 Hastings
11/12/15 Tauranga
12/12/15 Waikato
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Jockey, Mr S Clotworthy - Trainer assisting Mr Magorrian
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 968fcad6b5da69e85ee79e2f9392fb09
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
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meetdate: 02/12/2015
meet_title: Avondale JC - 2 December 2015
meet_expappcomment:
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tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Avondale JC