Auckland RC 6 September 2014 – R 5
ID: JCA17777
Code:
Thoroughbred
Meet Title:
Auckland RC - 6 September 2014
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2014/09/06
Race Number:
R5
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
Penalty:
All parties present acknowledged that Mr Magorrian was riding under a deferment and was due to commence his suspension after racing on 6 September and concludes after racing on 14 September 2014.
Accordingly, we impose a suspension on Mr Magorrian which will commence after racing on 14 September and conclude after racing on 20 September 2014 (3 North Island days).
Facts:
Following the running of race 5, Puhoi Valley 2200, an Information was filed pursuant to Rule 638 (3) (b). The Informant, Mr Oatham, alleged that Mr Magorrian used the whip excessively on his mount STAGEHAND.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Clotworthy assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Coles identified on the video films that Mr Magorrian struck his mount 8 times up to the 400 metres, he then stopped riding his mount with the whip for 5 strides. He pointed out Mr Magorrian then struck his mount a further 11 times to the 200 metre mark.
Mr Clotworthy said that he accepted Mr Magorrian stuck his mount 11 times. He asked the Committee to take into account that STAGEHAND was an 8 year old hurdler that needed to be ridden along. He said that Mr Magorrian was a young apprentice under a lot of pressure with all the controversy around head to head betting and he was simply trying to get the best out of his horse. He added Mr Magorrian did not hit STAGEHAND hard and he is a competitive person who is riding in his prime.
Mr Magorrian had nothing further to add.
Submissions for Penalty:
Mr Oatham produced Mr Magorrian’s record which showed 4 previous breaches of this Rule in the last 12 months.
12.5.14 - $150 fine
21.5.14 - $275 fine
14.6.14 - $500 fine.
5.7.14 – 3 day suspension.
Mr Oatham described the breach at the low end of the scale but submitted Mr Magorrian’s record is an aggravating factor. He advised that Stewards have spoken to Mr Magorrian on a number of occasions regarding his whip use and were disappointed he continues to breach this Rule. He added the Committee may wish to take into account the extremely heavy track conditions when considering penalty.
Mr Oatham said the Rules are there for a reason and under normal circumstances a fine would be adequate but given Mr Magorrian’s record he would let the Committee determine penalty.
Mr Clotworthy submitted that the Committee should take into account head to head betting as it adds more pressure to young riders. He said the matter should be dealt with by way of a fine.
In response to a question from the Committee, Mr Oatham advised that STAGEHAND was not involved in a head to head betting option.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach, the number of strikes (11) is assessed as low – range and the severity is assessed at the low end. In assessing penalty Mr Magorrian’s very poor record under this Rule is a significant aggravating factor with this being his 5th breach in the last 4 months. The Committee accepts Mr Magorrian is a promising apprentice and we have encouraged him to seek further guidance on his whip use.
We also had regard for Mr Magorrian’s status as an apprentice rider and the existing very heavy track conditions. With regards to the submissions on head to head betting the Committee notes that this bet type did not involve STAGEHAND. The submission therefore has limited relevance.
We have given due consideration to penalties for similar breaches of this Rule and advised Mr Magorrian that 4 days has been a consistent penalty imposed for riders with a poor record. We have taken into account JCA Penalty Guidelines, which has a recommended starting point of 2 riding days or $500 fine for a second breach within 12 months.
Balancing all the above factors we consider an appropriate penalty is a 3 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: ec7fe8ae81af7c4d7b2e5d706d5a5ebf
informantnumber: A6592
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 28/08/2014
hearing_title: Auckland RC 6 September 2014 - R 5
charge:
facts:
Following the running of race 5, Puhoi Valley 2200, an Information was filed pursuant to Rule 638 (3) (b). The Informant, Mr Oatham, alleged that Mr Magorrian used the whip excessively on his mount STAGEHAND.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Clotworthy assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Coles identified on the video films that Mr Magorrian struck his mount 8 times up to the 400 metres, he then stopped riding his mount with the whip for 5 strides. He pointed out Mr Magorrian then struck his mount a further 11 times to the 200 metre mark.
Mr Clotworthy said that he accepted Mr Magorrian stuck his mount 11 times. He asked the Committee to take into account that STAGEHAND was an 8 year old hurdler that needed to be ridden along. He said that Mr Magorrian was a young apprentice under a lot of pressure with all the controversy around head to head betting and he was simply trying to get the best out of his horse. He added Mr Magorrian did not hit STAGEHAND hard and he is a competitive person who is riding in his prime.
Mr Magorrian had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Magorrian’s record which showed 4 previous breaches of this Rule in the last 12 months.
12.5.14 - $150 fine
21.5.14 - $275 fine
14.6.14 - $500 fine.
5.7.14 – 3 day suspension.
Mr Oatham described the breach at the low end of the scale but submitted Mr Magorrian’s record is an aggravating factor. He advised that Stewards have spoken to Mr Magorrian on a number of occasions regarding his whip use and were disappointed he continues to breach this Rule. He added the Committee may wish to take into account the extremely heavy track conditions when considering penalty.
Mr Oatham said the Rules are there for a reason and under normal circumstances a fine would be adequate but given Mr Magorrian’s record he would let the Committee determine penalty.
Mr Clotworthy submitted that the Committee should take into account head to head betting as it adds more pressure to young riders. He said the matter should be dealt with by way of a fine.
In response to a question from the Committee, Mr Oatham advised that STAGEHAND was not involved in a head to head betting option.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach, the number of strikes (11) is assessed as low – range and the severity is assessed at the low end. In assessing penalty Mr Magorrian’s very poor record under this Rule is a significant aggravating factor with this being his 5th breach in the last 4 months. The Committee accepts Mr Magorrian is a promising apprentice and we have encouraged him to seek further guidance on his whip use.
We also had regard for Mr Magorrian’s status as an apprentice rider and the existing very heavy track conditions. With regards to the submissions on head to head betting the Committee notes that this bet type did not involve STAGEHAND. The submission therefore has limited relevance.
We have given due consideration to penalties for similar breaches of this Rule and advised Mr Magorrian that 4 days has been a consistent penalty imposed for riders with a poor record. We have taken into account JCA Penalty Guidelines, which has a recommended starting point of 2 riding days or $500 fine for a second breach within 12 months.
Balancing all the above factors we consider an appropriate penalty is a 3 day suspension.
penalty:
All parties present acknowledged that Mr Magorrian was riding under a deferment and was due to commence his suspension after racing on 6 September and concludes after racing on 14 September 2014.
Accordingly, we impose a suspension on Mr Magorrian which will commence after racing on 14 September and conclude after racing on 20 September 2014 (3 North Island days).
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mr S Clotworthy - Trainer assisting Mr Magorrian, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f640834dfe554f8804e0373cdf2e2fd5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 24a55b3df2dd02a4172460283a59c758
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/09/2014
meet_title: Auckland RC - 6 September 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC