Poverty Bay TC 21 February 2016 – R 8 – Chair, R Seabrook
ID: JCA17617
Code:
Thoroughbred
Meet Title:
Poverty Bay TC - 21 February 2016
Meet Chair:
RSeabrook
Meet Committee Member 1:
TCastles
Race Date:
2016/02/21
Race Number:
R8
Decision:
Accordingly we find the charge proved.
Penalty:
We note that Mr Jones submitted a 4 - 6 week suspension would be appropriate, a suspension in time rather than race days. The committee considers this approach to be prudent in this case where the level of carelessness is high and a fall has occurred.
Before imposing an appropriate penalty the committee consulted the listings of previous penalties and in particular those where falls have occurred.
Accordingly after carefully taking all the above factors into account we suspend Mr Magorrian from after racing on 28 February until after racing on 24 March 2016 (3 1/2 weeks). This encompasses fourteen riding days and we have factored into our decision that three days in that period are premier days. This suspension, granting a deferral, comes under rule 1106 (2).
Facts:
Following race 8, the See You At Lone Star Gisborne Mile, an information was filed pursuant to rule 638 (1) (d). The informant alleged that Mr L Magorrian permitted his mount TAVIGARDE to shift inwards making firm contact with MURDOCH which was forced inwards into the line of ROUGH RULER which clipped a heel and blundered near the 850 metres dislodging its rider.
The rule reads as follows: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.
Submissions for Decision:
Mr Oatham demonstrated the video films pointing out the 3 horses involved in the incident as they approached the 850 metres. He pointed to ROUGH RULER (R Myers) racing on the rail and approximately 3 quarters of a length behind MURDOCH (B Hutton) who was 2 wide. Racing 3 wide and on the outside of MURDOCH was TAVIGARDE (L Magorrian). Mr Oatham said, as the runners moved towards the 800 metre turn, Mr Magorrian angled his mount's head in which put pressure on Mr Hutton on his inside. He said there was firm contact between TAVIGARDE and MURDOCH which resulted in MURDOCH being forced inwards and into the line of ROUGH RULER which clipped a heel and fell. Mr Oatham submitted the films were very clear that Mr Magorrian had moved from a 3 wide position to one of 2 wide and it was a blatant attempt by Mr Magorrian to obtain a better position. He concluded by saying Mr Hutton tried to relieve the pressure on Miss Myers but did not have the room to do so.
Miss Myers (Rider of ROUGH RULER) was then called by Mr Jones as a witness. She said she was improving on the rails at the 850 metres when it started to get tight. She added that she could see Mr Magorrian starting to come in so called to Mr Hutton on her outside to give her room, but he could not do so because of the pressure on his outside from Mr Magorrian.
In answer to a question from Mr Rogerson as to whether there was enough room for her to be where she was, she said it was tight but that was only because of the pressure being put on her.
Mr Hutton (Rider of MURDOCH) was the next witness called. He confirmed he was one off the rail with Mr Magorrian on his outside approaching the 800 metres. He said he did his best to maintain a one off position but could not do so because of pressure from his outside.
Mr Rogerson asked Mr Hutton if he was aware that Miss Myers was 3 quarters of a length behind him on the rail and was it a bad position to be in. Mr Hutton conceded it was not ideal but he was doing his best to give her room.
Mr Magorrian conceded it was tight but said he always maintained a 3 wide position.
Mr Rogerson said that in his opinion Miss Myers should not have been in the position she was. He conceded it was tight but believed the running rail contributed to the incident by being in and out. Mr Rogerson agreed with Mr Magorrian that he had maintained a 3 wide position throughout. He concluded by saying the horse was new, the incident was on the point of the turn and Mr Magorrian was a victim of circumstances.
Mr Jones in summing up said in the stewards' opinion the rail had nothing to do with the incident. He said the films clearly showed that Miss Myers was entitled to be where she was when she received pressure from the outside. He said this was caused by Mr Magorrian coming in when not the required distance clear of Mr Hutton and added this was verified by the witnesses.
Reasons for Decision:
The committee reviewed the video films and carefully considered the evidence and submissions as presented. We are clearly satisfied that Mr Magorrian moved from a three wide position to one of two wide and in doing so took the line of MURDOCH when not the required distance clear. We are further satisfied that Miss Myers was entitled to be where she was and only received the pressure when Mr Magorrian moved into the line of MURDOCH.
Submissions for Penalty:
Mr Jones said Mr Magorrian had incurred four suspensions in the last twelve months. He submitted on this occasion Mr Magorrian's carelessness was at the high end resulting in severe consequences. Mr Jones submitted a 4 - 6 week suspension would be appropriate.
Mr Magorrian said he had commitments until after racing at Wairoa on 28 February.
Mr Rogerson stated that Mr Magorrian had improved his record in the last twelve months and believed the stewards had overreacted to the incident today. He added that a five day suspension would be an appropriate penalty.
Reasons for Penalty:
The committee carefully considered all evidence and submissions. We have firstly considered Mr Magorrian's record which we find to be average with four suspensions in the last twelve months. The only slight mitigating factor is that the incident occurred right on the point of the turn which is not the easiest place from a rider's perspective. However we are satisfied he angled his mount in deliberately without due regard to the riders on his inside when he was not the required distance clear. The consequences were indeed serious with a fall occuring, fortunately without ending in a significant injury, but we consider Mr Magorrian's carelessness to be at the high end.
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: f8dfbd12c70eae57736f72a02b287aa4
informantnumber: 4585
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 23/02/2016
hearing_title: Poverty Bay TC 21 February 2016 - R 8 - Chair, R Seabrook
charge:
facts:
Following race 8, the See You At Lone Star Gisborne Mile, an information was filed pursuant to rule 638 (1) (d). The informant alleged that Mr L Magorrian permitted his mount TAVIGARDE to shift inwards making firm contact with MURDOCH which was forced inwards into the line of ROUGH RULER which clipped a heel and blundered near the 850 metres dislodging its rider.
The rule reads as follows: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham demonstrated the video films pointing out the 3 horses involved in the incident as they approached the 850 metres. He pointed to ROUGH RULER (R Myers) racing on the rail and approximately 3 quarters of a length behind MURDOCH (B Hutton) who was 2 wide. Racing 3 wide and on the outside of MURDOCH was TAVIGARDE (L Magorrian). Mr Oatham said, as the runners moved towards the 800 metre turn, Mr Magorrian angled his mount's head in which put pressure on Mr Hutton on his inside. He said there was firm contact between TAVIGARDE and MURDOCH which resulted in MURDOCH being forced inwards and into the line of ROUGH RULER which clipped a heel and fell. Mr Oatham submitted the films were very clear that Mr Magorrian had moved from a 3 wide position to one of 2 wide and it was a blatant attempt by Mr Magorrian to obtain a better position. He concluded by saying Mr Hutton tried to relieve the pressure on Miss Myers but did not have the room to do so.
Miss Myers (Rider of ROUGH RULER) was then called by Mr Jones as a witness. She said she was improving on the rails at the 850 metres when it started to get tight. She added that she could see Mr Magorrian starting to come in so called to Mr Hutton on her outside to give her room, but he could not do so because of the pressure on his outside from Mr Magorrian.
In answer to a question from Mr Rogerson as to whether there was enough room for her to be where she was, she said it was tight but that was only because of the pressure being put on her.
Mr Hutton (Rider of MURDOCH) was the next witness called. He confirmed he was one off the rail with Mr Magorrian on his outside approaching the 800 metres. He said he did his best to maintain a one off position but could not do so because of pressure from his outside.
Mr Rogerson asked Mr Hutton if he was aware that Miss Myers was 3 quarters of a length behind him on the rail and was it a bad position to be in. Mr Hutton conceded it was not ideal but he was doing his best to give her room.
Mr Magorrian conceded it was tight but said he always maintained a 3 wide position.
Mr Rogerson said that in his opinion Miss Myers should not have been in the position she was. He conceded it was tight but believed the running rail contributed to the incident by being in and out. Mr Rogerson agreed with Mr Magorrian that he had maintained a 3 wide position throughout. He concluded by saying the horse was new, the incident was on the point of the turn and Mr Magorrian was a victim of circumstances.
Mr Jones in summing up said in the stewards' opinion the rail had nothing to do with the incident. He said the films clearly showed that Miss Myers was entitled to be where she was when she received pressure from the outside. He said this was caused by Mr Magorrian coming in when not the required distance clear of Mr Hutton and added this was verified by the witnesses.
reasonsfordecision:
The committee reviewed the video films and carefully considered the evidence and submissions as presented. We are clearly satisfied that Mr Magorrian moved from a three wide position to one of two wide and in doing so took the line of MURDOCH when not the required distance clear. We are further satisfied that Miss Myers was entitled to be where she was and only received the pressure when Mr Magorrian moved into the line of MURDOCH.
Decision:
Accordingly we find the charge proved.
sumissionsforpenalty:
Mr Jones said Mr Magorrian had incurred four suspensions in the last twelve months. He submitted on this occasion Mr Magorrian's carelessness was at the high end resulting in severe consequences. Mr Jones submitted a 4 - 6 week suspension would be appropriate.
Mr Magorrian said he had commitments until after racing at Wairoa on 28 February.
Mr Rogerson stated that Mr Magorrian had improved his record in the last twelve months and believed the stewards had overreacted to the incident today. He added that a five day suspension would be an appropriate penalty.
reasonsforpenalty:
The committee carefully considered all evidence and submissions. We have firstly considered Mr Magorrian's record which we find to be average with four suspensions in the last twelve months. The only slight mitigating factor is that the incident occurred right on the point of the turn which is not the easiest place from a rider's perspective. However we are satisfied he angled his mount in deliberately without due regard to the riders on his inside when he was not the required distance clear. The consequences were indeed serious with a fall occuring, fortunately without ending in a significant injury, but we consider Mr Magorrian's carelessness to be at the high end.
penalty:
We note that Mr Jones submitted a 4 - 6 week suspension would be appropriate, a suspension in time rather than race days. The committee considers this approach to be prudent in this case where the level of carelessness is high and a fall has occurred.
Before imposing an appropriate penalty the committee consulted the listings of previous penalties and in particular those where falls have occurred.
Accordingly after carefully taking all the above factors into account we suspend Mr Magorrian from after racing on 28 February until after racing on 24 March 2016 (3 1/2 weeks). This encompasses fourteen riding days and we have factored into our decision that three days in that period are premier days. This suspension, granting a deferral, comes under rule 1106 (2).
hearing_type: Hearing
Rules: 638 (1)(d)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: L Magorrian, apprentice rider of TAVIGARDE
Otherperson: Mr J Oatham - Senior Stipendiary Steward, Mr G Rogerson, Trainer assisting L Magorrian, Miss R Myers - Rider of ROUGH RULER, Mr B Hutton - Rider of MURDOCH
PersonPresent:
Respondent:
StipendSteward:
raceid: 5d0be1ece3392c5ee72aa9b267773f74
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race_noreport: 0
race_emailed1: 0
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race_title: R8
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meetdate: 21/02/2016
meet_title: Poverty Bay TC - 21 February 2016
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meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
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name: Poverty Bay TC