Avondale JC 21 November 2015 – R 8 – Chair, Mr R Seabrook
ID: JCA16615
Code:
Thoroughbred
Meet Title:
Avondale JC - 21 November 2015
Meet Chair:
RSeabrook
Meet Committee Member 1:
ADooley
Race Date:
2015/11/21
Race Number:
R8
Decision:
As the breach was admitted we find the charge proved.
Penalty:
After taking all the above into account we impose a fine of $600.
Facts:
Following race 1, the Ritchie's Coachlines 2200, an information was filed pursuant to rule 330 (3) (c). The informant alleged that Mr L Magorrian failed to make the weight for SMEDLEY in race 8 the Chep Pallecon Solutions Counties Cup.
The rule reads as follows: a rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Mr Oatham told the committee that Mr Magorrian had taken the mount on SMEDLEY at 53kgs in the Counties Cup. He said that Mr Magorrian's registered weight is 54.5kgs. Mr Oatham stated that after race 1, where Mr Magorrian rode at 54kgs, he informed the stewards he was struggling to make that weight and would need to be replaced on SMEDLEY in race 8.
Mr Magorrian said he was confident of making the weight for SMEDLEY but realised after race 1 he was not 100% and was dry retching which necessitated in him having a drink. He added that he was trying hard to make the weight for the trainer as he was the regular rider of SMEDLEY.
In response to a question from the committee Mr Magorrian advised that this was the first time this season he had attempted to ride at 53kgs.
Mr Harris said he had discussed the issue of Mr Magorrian making the 53kgs for SMEDLEY with Mrs Clotworthy, wife of Mr Magorrian's employer. She said she would put him on a lettuce diet to achieve the 53kgs. Mr Harris believed it was the wrong advice as Mr Magorrian had been struggling with his weight.
Submissions for Penalty:
Mr Oatham said Mr Magorrian had 5 previous breaches under this rule in the last 12 months as well as other weight related breaches. He added this was not a good record and said the race in question today was a group 3 race worth $100,000. He said that the betting public and connections were let down at short notice and that Mr Magorrian had to be replaced by Miss Moki who was of less stature. He acknowledged that Mr Magorrian had the best of intentions taking the ride but needs to be more realistic when accepting mounts. Mr Oatham submitted a fine of $400 would be appropriate.
Mr Magorrian said $400 would be a fair penalty while Mr Harris said it was unprofessional in letting people down as Mr Magorrian had done.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions and find the only mitigating factor is Mr Magorrian's admission of the breach. This has to be considered along with several aggravating factors. The most serious of these is Mr Magorrian's record with this being his 6th breach under this rule in the last 12 months. The status of the race being a group 3 for $100,000 and the fact that Mr Magorrian had to be replaced meant the connections and the betting public were adversely affected.
In assessing penalty and, after referring to the listings of penalties, the committee is aware that other riders with similar records under this rule were fined $500 and those were in non group races. Therefore the committee considers an increase is appropriate.
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: cceac4354774ee284e12b186f8120c89
informantnumber: 6926
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Overweight
plea: admitted
penaltyrequired: 1
decisiondate: 22/11/2015
hearing_title: Avondale JC 21 November 2015 - R 8 - Chair, Mr R Seabrook
charge:
facts:
Following race 1, the Ritchie's Coachlines 2200, an information was filed pursuant to rule 330 (3) (c). The informant alleged that Mr L Magorrian failed to make the weight for SMEDLEY in race 8 the Chep Pallecon Solutions Counties Cup.
The rule reads as follows: a rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Mr Oatham told the committee that Mr Magorrian had taken the mount on SMEDLEY at 53kgs in the Counties Cup. He said that Mr Magorrian's registered weight is 54.5kgs. Mr Oatham stated that after race 1, where Mr Magorrian rode at 54kgs, he informed the stewards he was struggling to make that weight and would need to be replaced on SMEDLEY in race 8.
Mr Magorrian said he was confident of making the weight for SMEDLEY but realised after race 1 he was not 100% and was dry retching which necessitated in him having a drink. He added that he was trying hard to make the weight for the trainer as he was the regular rider of SMEDLEY.
In response to a question from the committee Mr Magorrian advised that this was the first time this season he had attempted to ride at 53kgs.
Mr Harris said he had discussed the issue of Mr Magorrian making the 53kgs for SMEDLEY with Mrs Clotworthy, wife of Mr Magorrian's employer. She said she would put him on a lettuce diet to achieve the 53kgs. Mr Harris believed it was the wrong advice as Mr Magorrian had been struggling with his weight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Oatham said Mr Magorrian had 5 previous breaches under this rule in the last 12 months as well as other weight related breaches. He added this was not a good record and said the race in question today was a group 3 race worth $100,000. He said that the betting public and connections were let down at short notice and that Mr Magorrian had to be replaced by Miss Moki who was of less stature. He acknowledged that Mr Magorrian had the best of intentions taking the ride but needs to be more realistic when accepting mounts. Mr Oatham submitted a fine of $400 would be appropriate.
Mr Magorrian said $400 would be a fair penalty while Mr Harris said it was unprofessional in letting people down as Mr Magorrian had done.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions and find the only mitigating factor is Mr Magorrian's admission of the breach. This has to be considered along with several aggravating factors. The most serious of these is Mr Magorrian's record with this being his 6th breach under this rule in the last 12 months. The status of the race being a group 3 for $100,000 and the fact that Mr Magorrian had to be replaced meant the connections and the betting public were adversely affected.
In assessing penalty and, after referring to the listings of penalties, the committee is aware that other riders with similar records under this rule were fined $500 and those were in non group races. Therefore the committee considers an increase is appropriate.
penalty:
After taking all the above into account we impose a fine of $600.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr J Oatham Senior Stipendiary Steward
JockeysandTrainer: Mr L Magorrian Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 3f06ca5f3b2d0e3241cdf025b4fcb159
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 234c85a4d1007e9e31682d644fdf5244
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/11/2015
meet_title: Avondale JC - 21 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: ADooley
meet_pm2: none
name: Avondale JC