Archive Decision

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Auckland RC 24 September 2016 – R 2 – Chair, Mr N McCutcheon

ID: JCA17956

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr L Magorrian - Apprentice Jockey

Other Person:
Mr N Harris - Assisting Mr Magorrian, Mr A Coles - Stipendiary Steward

Information Number:
A6977

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 24 September 2016

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
ADooley

Race Date:
2016/09/24

Race Number:
R 2

Decision:

As the charge was admitted it was found to be proved by the Judicial Committee.

Penalty:

Mr Magorrian’s Apprentice Jockeys Licence was suspended from the close of racing on 28 September up to and including racing on 2 October 2016 (4 days).

The days being:
Waverley - 29 September
Waikato - 30 September
Hawkes Bay/Canterbury - 1 October
Waipa - 2 October

 

Facts:

Following the running of Race 2 (Ray White NZ Mitchelson Cup), Information A6977 was filed with the Judicial Committee. It alleged that L Magorrian permitted his mount SMEDLEY to shift inwards when not sufficiently clear of ZAFRENZY which was checked near the 2000m.

Rule 638(1)(d) provides:
A rider shall not ride a horse in a manner which the Judicial Committee considers to be (d) careless.

Mr Magorrian acknowledged that he understood the Rule, charge and confirmed that he admitted the breach.

Mr Coles showed the film replays and said that Mr Magorrian allowed his mount to improve forward to go the lead; he said that he then permitted his mount to shift in when only ½ to ¾ of a length clear of ZAFRENZY which resulted in ZAFRENZY being checked. He added that Mr Magorrian did take some corrective action, but that it was far too late.

Mr Magorrian said that he did go across when not clear. He said that in his defence ZAFRENZY over-reacted by skying its head, which is something that that horse had done before when racing in similar situations.

Submissions for Penalty:

Mr Oatham said that prior to February of this year, Mr Magorrian did not have a good record insofar as careless riding was concerned. He said that since that time Mr Magorrian’s record had been very good up until today with no breaches being recorded. Mr Oatham invited the committee to also take into account the admittance of the breach and that in the opinion of the Stewards the carelessness was in the low-range category. He added that ZAFRENZY did not help the situation for Mr Magorrian as it did not react well to being steadied. Mr Oatham advised the committee that Mr Magorrian does ride in the Central Districts and rode at Taranaki as recently as 8 September 2016.

Mr Magorrian agreed with the Stewards submissions and said that he would like any suspension imposed to commence after racing on 28 September 2016.

Mr Harris said that there was not any excuse for Mr Magorrian’s riding, however he has tried very hard since February to improve on his record.

Reasons for Penalty:

The committee used the JCA starting point of 5 riding day’s suspension for careless riding when considering a suitable penalty. Whilst Mr Magorrian’s careless riding record prior to February 2016 was of concern, he has clearly improved his riding with today’s charge being the first since that date. The committee deemed the carelessness on this occasion to be in the low-end category and also took into account the admittance of the breach. It was determined that a 4 riding day suspension would be imposed.

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: dc6d5c4b419e6e3a1833650399d62ac2


informantnumber: A6977


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 28/09/2016


hearing_title: Auckland RC 24 September 2016 - R 2 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 2 (Ray White NZ Mitchelson Cup), Information A6977 was filed with the Judicial Committee. It alleged that L Magorrian permitted his mount SMEDLEY to shift inwards when not sufficiently clear of ZAFRENZY which was checked near the 2000m.

Rule 638(1)(d) provides:
A rider shall not ride a horse in a manner which the Judicial Committee considers to be (d) careless.

Mr Magorrian acknowledged that he understood the Rule, charge and confirmed that he admitted the breach.

Mr Coles showed the film replays and said that Mr Magorrian allowed his mount to improve forward to go the lead; he said that he then permitted his mount to shift in when only ½ to ¾ of a length clear of ZAFRENZY which resulted in ZAFRENZY being checked. He added that Mr Magorrian did take some corrective action, but that it was far too late.

Mr Magorrian said that he did go across when not clear. He said that in his defence ZAFRENZY over-reacted by skying its head, which is something that that horse had done before when racing in similar situations.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved by the Judicial Committee.


sumissionsforpenalty:

Mr Oatham said that prior to February of this year, Mr Magorrian did not have a good record insofar as careless riding was concerned. He said that since that time Mr Magorrian’s record had been very good up until today with no breaches being recorded. Mr Oatham invited the committee to also take into account the admittance of the breach and that in the opinion of the Stewards the carelessness was in the low-range category. He added that ZAFRENZY did not help the situation for Mr Magorrian as it did not react well to being steadied. Mr Oatham advised the committee that Mr Magorrian does ride in the Central Districts and rode at Taranaki as recently as 8 September 2016.

Mr Magorrian agreed with the Stewards submissions and said that he would like any suspension imposed to commence after racing on 28 September 2016.

Mr Harris said that there was not any excuse for Mr Magorrian’s riding, however he has tried very hard since February to improve on his record.


reasonsforpenalty:

The committee used the JCA starting point of 5 riding day’s suspension for careless riding when considering a suitable penalty. Whilst Mr Magorrian’s careless riding record prior to February 2016 was of concern, he has clearly improved his riding with today’s charge being the first since that date. The committee deemed the carelessness on this occasion to be in the low-end category and also took into account the admittance of the breach. It was determined that a 4 riding day suspension would be imposed.


penalty:

Mr Magorrian’s Apprentice Jockeys Licence was suspended from the close of racing on 28 September up to and including racing on 2 October 2016 (4 days).

The days being:
Waverley - 29 September
Waikato - 30 September
Hawkes Bay/Canterbury - 1 October
Waipa - 2 October

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr L Magorrian - Apprentice Jockey


Otherperson: Mr N Harris - Assisting Mr Magorrian, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7f45eeb6b50d444e8c88c4154ac6971c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 20c31360ecded88db55897659428048b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/09/2016


meet_title: Auckland RC - 24 September 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC