Counties RC 31 August 2016 – R 1 – Chair, Mr A Dooley
ID: JCA17650
Code:
Thoroughbred
Meet Title:
Counties RC - 31 August 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/08/31
Race Number:
R1
Decision:
As Mr Magorrian admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Magorrian was fined $300.
In conclusion the Committee advised Mr Magorrian with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
Facts:
Following the running of race 1, Ssangyong 2100, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Williamson, alleged that Mr Magorrian used the whip excessively on his mount CABALLO NOIR prior to the 200 metres.
Mr Magorrian acknowledged that he understood the Rule and admitted the breach. Mr Magorrian told the Committee that he did not require Mr Harris to assist him at the hearing.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The Guidelines for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Coles demonstrated on the video films that Mr Magorrian used his whip 11 times prior to the 200 metres. He said Mr Magorrian stopped using his whip for approximately 4 strides but he misjudged the situation. He added that it was easy for riders to get caught out because Pukekohe has one of the longest straights in the country.
Mr Magorrian confirmed that he struck his mount 11 times prior to the 200 metres. He added that he agreed with Mr Coles’ assessment of the incident.
Submissions for Penalty:
Mr Williamson produced Mr Magorrian’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Magorrian should be given credit for his admission of the breach and his clear record. He said that Mr Magorrian’s record was remarkable given his previous poor record regarding excessive use of the whip. He stated the breach was in the low to mid – range. Mr Williamson submitted a fine of no less than $300 would be appropriate.
Mr Magorrian had nothing to say regarding penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Mr Magorrian’s admission of the breach and his excellent record under this Rule in the last 12 months. Mr Magorrian has shown significant improvement regarding this Rule for which he has been given credit. The Committee assess the number of strikes (11) was low to mid – range and the severity of strikes was low. When reviewing the video films it was clear that Mr Magorrian’s strikes were not forceful. The Committee acknowledged the frequency of strikes were not continuous and there were some evident pauses.
The Committee did inform Mr Magorrian that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
This particular case did not justify a suspension.
After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.
JCA Decision Fields (raw)
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hearingid: ff049b25a9ac71dc768fdcfb95c49002
informantnumber: A8505
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/08/2016
hearing_title: Counties RC 31 August 2016 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Ssangyong 2100, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Williamson, alleged that Mr Magorrian used the whip excessively on his mount CABALLO NOIR prior to the 200 metres.
Mr Magorrian acknowledged that he understood the Rule and admitted the breach. Mr Magorrian told the Committee that he did not require Mr Harris to assist him at the hearing.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The Guidelines for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Coles demonstrated on the video films that Mr Magorrian used his whip 11 times prior to the 200 metres. He said Mr Magorrian stopped using his whip for approximately 4 strides but he misjudged the situation. He added that it was easy for riders to get caught out because Pukekohe has one of the longest straights in the country.
Mr Magorrian confirmed that he struck his mount 11 times prior to the 200 metres. He added that he agreed with Mr Coles’ assessment of the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Magorrian’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Magorrian should be given credit for his admission of the breach and his clear record. He said that Mr Magorrian’s record was remarkable given his previous poor record regarding excessive use of the whip. He stated the breach was in the low to mid – range. Mr Williamson submitted a fine of no less than $300 would be appropriate.
Mr Magorrian had nothing to say regarding penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Mr Magorrian’s admission of the breach and his excellent record under this Rule in the last 12 months. Mr Magorrian has shown significant improvement regarding this Rule for which he has been given credit. The Committee assess the number of strikes (11) was low to mid – range and the severity of strikes was low. When reviewing the video films it was clear that Mr Magorrian’s strikes were not forceful. The Committee acknowledged the frequency of strikes were not continuous and there were some evident pauses.
The Committee did inform Mr Magorrian that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.
This particular case did not justify a suspension.
After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.
penalty:
Accordingly, Mr Magorrian was fined $300.
In conclusion the Committee advised Mr Magorrian with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Sitpendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Jockey
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c61e32e1b168eee41e865c81d4bebf1c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b31188e1502f6ae9147a85acbc01705f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/08/2016
meet_title: Counties RC - 31 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Counties RC