Non Raceday Inquiry RIU v L Magorrian – decision dated 11 February 2015

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decisiondate: 11/02/2015

hearing_title: Non Raceday Inquiry RIU v L Magorrian - decision dated 11 February 2015

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Wellington RC 24 January 2015 – R 7 (heard on 11 February 2015 at Ellerslie)

Informant: Mr R Neal - Co-Chief Stipendiary Steward

Defendant: Mr L Magorrian - Apprentice Rider

Information No: 3341

Date: 11 February 2015

Venue: Ellerslie Race Course

Race: 7

Rule No: 638 (1) (d)

Judicial Committee: Mr R Seabrook, Chairman – Mr A Dooley, Committee Member

Plea: Admitted

Also Present: Mr S Clotworthy - Trainer / Employer assisting Mr Magorrian

Mr J Oatham - Senior Stipendiary Steward substituting for Mr R Neal

CHARGE:

Careless Riding

FACTS:

Following race 7, the 2015 Wellington Cup, the informant lodged an Information pursuant to rule 638 (1) (d). He alleged that Mr L Magorrian, rider of TEMPLETEN rode carelessly by forcing a run when inside CURSIVE which was buffeted for some distance and then dictated out into the line of SHESINSATIABLE which was checked and came back onto PERFECT START which was also checked.

Rule 638 (1) (d) reads as follows: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

SUBMISSIONS:

Mr Oatham demonstrated the video films pointing out TEMPLETEN (L Magorrian) racing close to the rail at the 600 metres. On his outside was CURSIVE (D Johnson). Mr Oatham submitted that Mr Magorrian directed his mount out to force a run when insufficiently clear. He said that Mr Magorrian rode forward and outward with vigour and in doing so made contact with CURSIVE. Mr Oatham said the pressure on CURSIVE went on for some distance. He added the impact on CURSIVE meant she was forced back onto SHESINSATIABLE who was also checked further resulting in PERFECT START receiving a check.

Mr Magorrian said CURSIVE was not travelling well so he thought he would give it a little push so that he wouldn’t get caught on the rails behind a tiring horse.

Mr Clotworthy said it was a group race and Mr Magorrian was pushing competiveness. He also believed that Mr Hannam and Miss Spratt both over reacted. However he admitted Mr Magorrian shouldered his way out.

DECISION:

As the breach was admitted we find the charge proved.

SUBMISSIONS ON PENALTY:

Mr Oatham said Mr Magorrian had 3 careless riding breaches in the last 12 months. He said he was a promising rider who had had 358 rides this season. He believed Mr Magorrian was being over competitive and must be aware not to let things spiral. Mr Oatham submitted today’s breach was mid range and that a suspension of 5 days would be appropriate.

Mr Magorrian said he had commitments until after racing on 14 February and that he had ridden at Christchurch at the Cup meeting as well as the recent Greymouth meeting in January.

REASONS FOR PENALTY:

The committee carefully considered all the evidence and submissions before imposing an appropriate penalty. In mitigation Mr Magorrian has admitted the breach and in regard to his riding record we consider it to be a neutral factor.

The aggravating factors are that this breach affected 3 other runners to varying degrees and the films clearly showed that Mr Magorrian, who was racing on the rail just after turning for home, forced a run outward onto CURSIVE. This outward movement by Mr Magorrian carried on for some distance which eventually resulted in CURSIVE being shifted out 2 horse widths and into the line of SHESINSATIABLE causing her and PERFECT START to be checked. The committee is satisfied that Mr Magorrian was not the required distance clear when moving out.

We must also take into account the provisions of rule 920 (2) which states that committees may consider the status of the race, stakes payable in respect of the race, any consequential effects upon any person or horse as a result of a breach of the rule and the need to maintain the integrity and public confidence in racing.

The committee finds Mr Magorrian’s carelessness to be mid range. The committee has spent considerable time in arriving at an appropriate penalty. Firstly we must consider Mr Magorrian’s submission that he rode at the Cup carnival in Christchurch in November and at Greymouth this year. We are mindful this is not a strong history of riding in the South Island but it is a recent one. The committee also carefully considered the impact this delayed hearing would have on Mr Magorrian. We note that he was charged with careless riding and excessive whip use in the Wellington Cup.

PENALTY:

The committee has adopted the standard 5 days suspension period as a starting point. After taking all the above factors into account we have determined an appropriate penalty is one of 6 days. Therefore Mr Magorrian’s license to ride in races is suspended from after racing on 14 February and concludes after racing on 22 February 2015 (6 days). This deferment comes under the provisions of rule 1106 (2). For the reasons outlined above we have included the Christchurch meeting on 20 February in his term of suspension.

Richard Seabrook                     Adrian Dooley

Chairman                                 Committee Member

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