Archive Decision

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Waipa RC 26 November 2015 – R 1 – Chair, Mr A Godsalve

ID: JCA17910

Applicant:
Mr A Coles (Stipendiary Steward)

Respondent(s):
Mr L Magorrian - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor supporting Mr Magorrian, Mr J Oatham - Senior Stipendiary Steward

Information Number:
A7856

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipa RC - 26 November 2015

Meet Chair:
AGodsalve

Meet Committee Member 1:
RSeabrook

Race Date:
2015/11/26

Race Number:
R1

Decision:

As Mr Magorrian has admitted the breach we find the charge proved.

Penalty:

We therefore suspend Mr Magorrian from riding in races, this suspension to begin after racing at Avondale on 2 December and to conclude until after racing at Waipukerau on 6 December 2015.

The meetings involved in this suspension are :

3 December       New Plymouth

4 December       Christchurch

5 December       Ellerslie

6 December       Waipukerau

Facts:

Following the running of Race 1, the GOURMET DELICIOUS 1580, an Information was laid by Mr Coles alleging that Apprentice Rider Mr L Magorrian permitted his mount 'SAVY SURFER' to shift inwards when not sufficiently clear of STAN'S TUF TIGER which was checked near the 450 metres.

Mr Magorrian, assisted by Apprentice Riders Mentor Mr N Harris, was present at the hearing and acknowledged that he understood the Rule and 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'

Stipendiary Steward Mr J Oatham used the available films to demonstrate the incident.

He pointed out that at about the 600 metres mark SAVY SURFER ridden by Mr Magorrian was towards the rear of the field as they approached the 'dummy' straight. On his inside was STAN'S TUF TIGER ridden by Ms U Holmquist. Mr Magorrian was riding his mount forward when FITSANDGIGGLES ridden by Ms A Collett began to weaken and run eratically in front of him. Mr Magorrian directed SAVY SURFER inwards towards the running rail, and in doing so checked STAN'S TUF TIGER. Mr Oatham said it was clear that SAVY SURFER had not been the required distance in front of STAN'S TUF TIGER at the time. Mr Oatham added that he believed that SAVY SURFER had moved in more than Mr Magorrian had intended it to. He added that the race was for maidens and a number of the runners were inexperienced.

Mr Magorrian said he was riding his mount with hands and heels when FITSANDGIGGLES ahead of him began moving around. He said that his horse over-reacted when he attempted to move inwards to avoid the horse in front. He acknowledged that he had 'come in' on Ms Holmquist for a stride and had corrected his line as soon as he could. Mr Magorrian added that he felt the interference was of a minor nature.

Mr Harris said that Mr Magorrian had approached him immediatley after the race to say he thought he was going to be in a 'bit of trouble'. He added that it was an error of judgement by Mr Magorrian, and that his horse was unbalanced as it was on the wrong leg.

Submissions for Penalty:

Mr Coles told the hearing that Mr Magorrian was a busy rider who had had four prior breaches of this Rule during the past 12 months. His last breach had been in July 2015. He said that the Stewards viewed his record as reasonable given the amount of riding he was doing. Mr Coles added that he believed this breach was at the the low to mid level on the scale of seriousness. He added that the Stewards submitted that a suspension of 4 days would be a suitable penalty.

Mr Magorrian said he was trying hard to better his record. He said he had recently ridden at Gore and Christchurch, and felt that as this breach was at a low level some leniency could be asked for. He added that he wished to ride at Avondale on 2 December and that his suspension could commence after that meeting.

Mr Harris said Mr Magorrian had made great improvement in his riding during the past 4 months and had been trying hard.

Reasons for Penalty:

The Committee considered the submissions made by the parties. We adopted a starting point of a 5 day suspension as per the JCA Penalty Guide. In Mr Magorrian's favour is that he has admitted the breach, and that this is his first breach of this Rule since July 2015. We accept that this breach was at the lower end on the scale of seriousness. We also accept that the films showed that Mr Magorrian had been affected by the horse ridden by Ms A Collett in front of him as it weakened and ran eratically. This contributed to the incident concerning Mr Magorrian.

Against these factors, STAN'S TUF TIGER was quite severely checked when Mr Magorrian moved into its' line of running.

We accepted that Mr Magorrian had ridden throughout the South Island recently.

Accordingly we believe this breach could be dealt with by way of a suspension of Mr Magorrian's riding license.

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: fe2f3320166729b24eb2f8a9a44814af


informantnumber: A7856


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 26/11/2015


hearing_title: Waipa RC 26 November 2015 - R 1 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 1, the GOURMET DELICIOUS 1580, an Information was laid by Mr Coles alleging that Apprentice Rider Mr L Magorrian permitted his mount 'SAVY SURFER' to shift inwards when not sufficiently clear of STAN'S TUF TIGER which was checked near the 450 metres.

Mr Magorrian, assisted by Apprentice Riders Mentor Mr N Harris, was present at the hearing and acknowledged that he understood the Rule and 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'

Stipendiary Steward Mr J Oatham used the available films to demonstrate the incident.

He pointed out that at about the 600 metres mark SAVY SURFER ridden by Mr Magorrian was towards the rear of the field as they approached the 'dummy' straight. On his inside was STAN'S TUF TIGER ridden by Ms U Holmquist. Mr Magorrian was riding his mount forward when FITSANDGIGGLES ridden by Ms A Collett began to weaken and run eratically in front of him. Mr Magorrian directed SAVY SURFER inwards towards the running rail, and in doing so checked STAN'S TUF TIGER. Mr Oatham said it was clear that SAVY SURFER had not been the required distance in front of STAN'S TUF TIGER at the time. Mr Oatham added that he believed that SAVY SURFER had moved in more than Mr Magorrian had intended it to. He added that the race was for maidens and a number of the runners were inexperienced.

Mr Magorrian said he was riding his mount with hands and heels when FITSANDGIGGLES ahead of him began moving around. He said that his horse over-reacted when he attempted to move inwards to avoid the horse in front. He acknowledged that he had 'come in' on Ms Holmquist for a stride and had corrected his line as soon as he could. Mr Magorrian added that he felt the interference was of a minor nature.

Mr Harris said that Mr Magorrian had approached him immediatley after the race to say he thought he was going to be in a 'bit of trouble'. He added that it was an error of judgement by Mr Magorrian, and that his horse was unbalanced as it was on the wrong leg.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Magorrian has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles told the hearing that Mr Magorrian was a busy rider who had had four prior breaches of this Rule during the past 12 months. His last breach had been in July 2015. He said that the Stewards viewed his record as reasonable given the amount of riding he was doing. Mr Coles added that he believed this breach was at the the low to mid level on the scale of seriousness. He added that the Stewards submitted that a suspension of 4 days would be a suitable penalty.

Mr Magorrian said he was trying hard to better his record. He said he had recently ridden at Gore and Christchurch, and felt that as this breach was at a low level some leniency could be asked for. He added that he wished to ride at Avondale on 2 December and that his suspension could commence after that meeting.

Mr Harris said Mr Magorrian had made great improvement in his riding during the past 4 months and had been trying hard.


reasonsforpenalty:

The Committee considered the submissions made by the parties. We adopted a starting point of a 5 day suspension as per the JCA Penalty Guide. In Mr Magorrian's favour is that he has admitted the breach, and that this is his first breach of this Rule since July 2015. We accept that this breach was at the lower end on the scale of seriousness. We also accept that the films showed that Mr Magorrian had been affected by the horse ridden by Ms A Collett in front of him as it weakened and ran eratically. This contributed to the incident concerning Mr Magorrian.

Against these factors, STAN'S TUF TIGER was quite severely checked when Mr Magorrian moved into its' line of running.

We accepted that Mr Magorrian had ridden throughout the South Island recently.

Accordingly we believe this breach could be dealt with by way of a suspension of Mr Magorrian's riding license.


penalty:

We therefore suspend Mr Magorrian from riding in races, this suspension to begin after racing at Avondale on 2 December and to conclude until after racing at Waipukerau on 6 December 2015.

The meetings involved in this suspension are :

3 December       New Plymouth

4 December       Christchurch

5 December       Ellerslie

6 December       Waipukerau


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr A Coles (Stipendiary Steward)


JockeysandTrainer: Mr L Magorrian - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor supporting Mr Magorrian, Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 459b95102ca2f5ccda1402730ae6255a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


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meetid: 47f02871756d6796b407328b382a6321


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meetdate: 26/11/2015


meet_title: Waipa RC - 26 November 2015


meet_expappcomment:


meet_km:


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tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: RSeabrook


meet_pm2: none


name: Waipa RC