R Tauranga 12 May 2014 – R 3
ID: JCA16562
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 12 May 2014
Meet Chair:
ADooley
Race Date:
2014/05/12
Race Number:
R3
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Magorrian is fined the sum of $150.
Facts:
Following the running of race 3, Tainui Press Design & Print 1600, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Williamson, alleged that Mr Magorrian used the whip excessively prior to the 200 metres on his mount KALINDA.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mrs Hapeta assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Magorrian used his whip 12 times prior to the 200 metres. He said Mr Magorrian strikes were “back hander slaps” and noted the odd one did not connect.
Mr Magorrian acknowledged he struck his mount 12 times prior to the 200 metres and stated he was trying too hard to win.
Mrs Hapeta had nothing further to add.
Submissions for Penalty:
Mr Williamson produced Mr Magorrian's record which showed no previous breach under this Rule. Mr Williamson advised Mr Magorrian that he needs to place his hands back on the reins after six strides when using the whip. He submitted a fine of $150 based on previous penalties imposed for a first breach of this Rule.
Mr Magorrian and Mrs Hapeta had nothing to add regarding penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach and his clear record under this Rule. The number of strikes (12) is assessed as low to mid – range and the severity is assessed at the low end.
Before imposing penalty the Committee referred to similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $150 is appropriate.
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: c623eae0f9847dfe47968b56f5241904
informantnumber: A6039
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: R Tauranga 12 May 2014 - R 3
charge:
facts:
Following the running of race 3, Tainui Press Design & Print 1600, an Information was filed pursuant to Rule 638(3) (b). The Informant, Mr Williamson, alleged that Mr Magorrian used the whip excessively prior to the 200 metres on his mount KALINDA.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mrs Hapeta assisted Mr Magorrian at the hearing.
Rule 638(3) (b) provides: A rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper;
Mr Oatham demonstrated on the video films that Mr Magorrian used his whip 12 times prior to the 200 metres. He said Mr Magorrian strikes were “back hander slaps” and noted the odd one did not connect.
Mr Magorrian acknowledged he struck his mount 12 times prior to the 200 metres and stated he was trying too hard to win.
Mrs Hapeta had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Magorrian's record which showed no previous breach under this Rule. Mr Williamson advised Mr Magorrian that he needs to place his hands back on the reins after six strides when using the whip. He submitted a fine of $150 based on previous penalties imposed for a first breach of this Rule.
Mr Magorrian and Mrs Hapeta had nothing to add regarding penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach and his clear record under this Rule. The number of strikes (12) is assessed as low to mid – range and the severity is assessed at the low end.
Before imposing penalty the Committee referred to similar breaches under this Rule to determine a consistent penalty.
After taking into account all the above factors the Committee considers a fine of $150 is appropriate.
penalty:
Accordingly, Mr Magorrian is fined the sum of $150.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mrs J Hapeta - assisting Mr Magorrian, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f10f468610e6ae3364fd4f73e0241ab3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 00a098e1e7ca0df6b23cde6b5b05be30
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2014
meet_title: Racing Tauranga - 12 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Tauranga