Auckland RC 5 September 2015 – R 4 – Chairman, Mr N McCutcheon
ID: JCA11101
Code:
Thoroughbred
Meet Title:
Auckland RC - 5 September 2015
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ADooley
Race Date:
2015/09/05
Race Number:
R 4
Decision:
As the charge was admitted it was deemed to be proved.
Penalty:
Mr Magorrian was fined $300.
Facts:
Following the running of Race 4 (Hyland Race Colours 2100) Information No. A7555 was filed with the Judicial Committee. It alleged a breach of Rule 330(3)(C) in that Mr Magorrian failed to make the required weight for KALINDA.
Rule 330(3)(C) reads:
A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Mr Magorrian said that he understood the charge, the rule and that he did admit the breach.
Mr Oatham said that KALINDA was carded at 55.5kg and that as Mr Magorrian has an Apprentice Allowance of 1kg he should have been able to ride the horse at 54.5kg, that this in effect mounted to Mr Magorrian being 1kg overweight. He said that at about Race 2 Mr Magorrian advised him of the situation and as no other suitable rider was available he did not object to him riding the horse at 55.5kg.
Mr Magorrian in response to a question from the chair said that he was expected to ride the horse at 54.5kg but that the trainer of the horse Miss Riley still wanted him to ride the horse overweight as he had ridden it before and knows its ways very well.
Submissions for Penalty:
Mr Oatham said that Mr Magorrian had been fined three times in June 2015 for being overweight. He said that on this occasion his mount KALINDA effectively carried 1kg overweight and as it was only beaten by a half head for first placing, the weight factor may have had an effect on the result of the race. He invited the committee, when fixing penalty, to take into account that the connections and punters may have been deprived of a better return. He added that this was a significant aggravating factor. He submitted that the matter could be dealt with by way of a monetary penalty.
Mr Magorrian said that as soon as he was aware that he could not claim the allowance he advised the connections of KALINDA and the Stipendiary Stewards. He said that he had recently been on holiday and was trying hard to get his weight down.
Mr Clotworthy said that Mr Magorrian has been trying extremely hard with his weight since being on holiday and had spent a great deal of time in a sauna.
Reasons for Penalty:
The committee carefully considered all the submissions. It was apparent from Mr Magorrian’s record that he has been having some difficulty with meeting contracted riding weights and as he has only recently returned to race riding following a holiday, he is obviously having issues with riding below 55kg. The mitigating factors are that he admitted the breach and advised the connections and the Stipendiary Stewards as soon as possible of his lowest riding weight. The aggravating factors are that his record can at best only be described as fair and that by not claiming his allowance the connections and punters may feel aggrieved, however one can only speculate what the outcome may have been should the allowance have been claimed. The committee noted that Mr Magorrian’s most recent penalty for a weight breach was a fine of $200. Taking into account all of the relevant matters it was determined that a fine in excess of $200 was an appropriate penalty.
JCA Decision Fields (raw)
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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: 1d79be2065562c806614f68899695edf
informantnumber: A7555
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Weight breach
plea: admitted
penaltyrequired: 1
decisiondate: 08/09/2015
hearing_title: Auckland RC 5 September 2015 - R 4 - Chairman, Mr N McCutcheon
charge:
facts:
Following the running of Race 4 (Hyland Race Colours 2100) Information No. A7555 was filed with the Judicial Committee. It alleged a breach of Rule 330(3)(C) in that Mr Magorrian failed to make the required weight for KALINDA.
Rule 330(3)(C) reads:
A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Mr Magorrian said that he understood the charge, the rule and that he did admit the breach.
Mr Oatham said that KALINDA was carded at 55.5kg and that as Mr Magorrian has an Apprentice Allowance of 1kg he should have been able to ride the horse at 54.5kg, that this in effect mounted to Mr Magorrian being 1kg overweight. He said that at about Race 2 Mr Magorrian advised him of the situation and as no other suitable rider was available he did not object to him riding the horse at 55.5kg.
Mr Magorrian in response to a question from the chair said that he was expected to ride the horse at 54.5kg but that the trainer of the horse Miss Riley still wanted him to ride the horse overweight as he had ridden it before and knows its ways very well.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed to be proved.
sumissionsforpenalty:
Mr Oatham said that Mr Magorrian had been fined three times in June 2015 for being overweight. He said that on this occasion his mount KALINDA effectively carried 1kg overweight and as it was only beaten by a half head for first placing, the weight factor may have had an effect on the result of the race. He invited the committee, when fixing penalty, to take into account that the connections and punters may have been deprived of a better return. He added that this was a significant aggravating factor. He submitted that the matter could be dealt with by way of a monetary penalty.
Mr Magorrian said that as soon as he was aware that he could not claim the allowance he advised the connections of KALINDA and the Stipendiary Stewards. He said that he had recently been on holiday and was trying hard to get his weight down.
Mr Clotworthy said that Mr Magorrian has been trying extremely hard with his weight since being on holiday and had spent a great deal of time in a sauna.
reasonsforpenalty:
The committee carefully considered all the submissions. It was apparent from Mr Magorrian’s record that he has been having some difficulty with meeting contracted riding weights and as he has only recently returned to race riding following a holiday, he is obviously having issues with riding below 55kg. The mitigating factors are that he admitted the breach and advised the connections and the Stipendiary Stewards as soon as possible of his lowest riding weight. The aggravating factors are that his record can at best only be described as fair and that by not claiming his allowance the connections and punters may feel aggrieved, however one can only speculate what the outcome may have been should the allowance have been claimed. The committee noted that Mr Magorrian’s most recent penalty for a weight breach was a fine of $200. Taking into account all of the relevant matters it was determined that a fine in excess of $200 was an appropriate penalty.
penalty:
Mr Magorrian was fined $300.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Jockey
Otherperson: Mr S Clotworthy - Employer of Mr Magorrian, Mr N Harris - National Riding Master
PersonPresent:
Respondent:
StipendSteward:
raceid: 500593d7cc48538118e6a5ecbac3d025
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7f72c8662929f9bbfb52a3ebb1a5ac41
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/09/2015
meet_title: Auckland RC - 5 September 2015
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