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 11 February 2015 at Ellerslie)

Informant: Mr R Neal, co-chief Stipendiary Steward

Defendant: Mr L Magorrian, Apprentice Rider

Information No: 3337

Date: 11 February 2015

Venue: Ellerslie Race Course

Race: 7

Rule No: 638 (3) (b)

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:

Excessive use of the whip.

FACTS:

Following race 7, the 2015 Wellington Cup, the informant lodged an information pursuant to rule 638 (3) (b). He alleged that Mr L Magorrian, rider of TEMPLETEN, used his whip excessively prior to the 200 metres.

The rule reads as: a rider shall not strike a horse with a whip or to an extent which is unnecessary, excessive or improper.

SUBMISSIONS:

Mr Oatham demonstrated the video films pointing out L Magorrian striking his mount approximately 15 times before the 200 metres. He said this was well over the established guidelines and it was the exuberant manner in which he used the whip was also of concern.

Mr Magorrian had nothing to say when asked.

Mr Clotworthy said Mr Magorrian was under pressure in a group 2 race and he was under instructions to ride his mount right out. He added that the horse finished tenth therefore qualifying for some prize money.

DECISION:

As the breach was admitted we find the charge proved.

SUBMISSIONS ON PENALTY:

Mr Oatham said Mr Magorrian had a poor whip record with 6 breaches in the last 12 months. He added that Mr Magorrian clearly needs to get on top of his problem and submitted a suspension of not less than 3 days would be appropriate.

Mr Magorrian told the committee that he had ridden at the Christchurch Cup meeting and also at the Greymouth meeting in January.

Mr Clotworthy submitted that Mr Magorrian was trying hard to improve his excessive use of the whip. Mr Clotworthy acknowledged that when Mr Magorrian is placed under pressure he doesn’t always make the right decisions.

REASONS FOR PENALTY:

The committee carefully considered all the evidence and submissions before imposing an appropriate penalty. The only mitigating factor is Mr Magorrian’s admission of the breach.

The significant aggravating factor is Mr Magorrian’s record under this particular rule. It is of great concern to the committee that we find this is Mr Magorrian’s seventh whip charge in the last 12 months. In anyone’s terms this is an appalling record and obviously Mr Magorrian is not learning from the tuition he has been receiving from experienced trainers and jockeys. Mr Magorrian has previously advised committees that he has been receiving tuition from Trainer Mr Tiley and Rider Mr Du Plessis. The issue of animal welfare and the public perception has become more of a focus recently and this repeated offending by Mr Magorrian does nothing to enhance that.

As far as this charge is concerned we note that Mr Magorrian has struck his mount approximately 15 times prior to the 200 metres in a Group 2 race with stakes payable of $200,000. The committee 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 integrity and public confidence in racing.

We find Mr Magorrian’s number of strikes with the whip to be in the mid range of carelessness and we note the back handed strikes were with some force. The committee has also considered that Mr Magorrian is an apprentice rider.

PENALTY:

After taking all the above factors into account we have determined an appropriate penalty is a suspension of Mr Magorrian’s license for a period of 3 days. In addition we impose a fine of $600. Now we must consider Mr Magorrian’s submission that he rode at the Cup carnival in Christchurch in November and at Greymouth this year. However the only South Island meeting in question is Omakau on 27 February which we have rejected as Mr Magorrian has no history of riding in that area.

The committee is of the view that the delay in today’s hearing from the date of the breach should not impact on Mr Magorrian’s ability to ride on Auckland Cup day on 4 March.

Accordingly, and given that Mr Magorrian was suspended for careless riding for 6 days in the same race, this suspension commences after racing on 22 February and concludes after racing on 28 February 2015 (3 days).

At the completion of the hearing the Committee advised Mr Magorrian that it was imperative his record improved.

Richard Seabrook                    Adrian Dooley

Chairman                                Committee Member

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