Stratford RC 31 December 2015 – R 1 – Chair, Mrs N Moffatt
ID: JCA13219
Code:
Thoroughbred
Meet Title:
Stratford RC - 31 December 2015
Meet Chair:
NMoffatt
Meet Committee Member 1:
TUtikere
Race Date:
2015/12/31
Race Number:
R 1
Decision:
As Mr Magorrian admitted the breach the charge was found to be proved.
Penalty:
Mr Magorrian is fined the sum of $750.00.
Facts:
Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 330 (3) (c) in that Lee Magorrian failed to make the contracted weight on FIERTE.
Mr Magorrian weighed himself on track prior to Race 1 and realised that he would not be able to make the correct weight of 54kgs for FIERTE. He immediately notified the Stewards that he was 1kg over and a replacement rider (Ms L Hemi) was engaged. Mr Magorrian had five further rides for the day that he was able to draw correct weight for.
Mr Magorrian told the committee that prior to going out to ride work this morning he turned the sauna on but after riding four horses he returned to find that the sauna had not turned on. From that point the sauna took half an hour to heat up and as he had to travel down to Stratford he was unable to spend enough time in the sauna to sweat the weight off.
Submissions for Penalty:
Mr Goodwin said Mr Magorrian had a bad record in regard to Rule 330(3)(c). He cited a number of charges this season with the most recent being in November where he was replaced in a Group 3 race and fined $600. (The Judicial Committee pointed out that the November charge was Mr Magorrian’s 6th overweight charge this year). Mr Goodwin said Mr Magorrian had notified the Stewards at the earliest opportunity and a suitable replacement rider had been found. Mr Rogerson, the trainer of FIERTE, was “more than happy” to engage Ms Hemi for the ride. Mr Goodwin said Mr Magorrian’s record suggested he is getting very close to incurring a suspension however today’s breach was not as serious as the Counties Cup and the Stewards’ submission was for a monetary penalty.
Mr Parkes asked the Committee to take into account Mr Magorrian’s situation where, as an apprentice rider, he is required to ride track-work on the mornings of race days. Mr Parkes, as a senior rider, can spend much more time in the sauna to get his weight down prior to attending the races.
Mr Magorrian said in order to lose 1.5kgs he has to spend approximately 1 ½ hours in the sauna and this morning he didn’t have that time.
Reasons for Penalty:
The Committee considered all of the facts and submissions. Mr Magorrian has one of the worst records in the country for breaches of the overweight rule. The Committee advised that further breaches (outside of the minor infringement scheme) would likely be met with a suspension of his rider’s license.
On this occasion we have taken into account the sauna malfunction and the fact that Mr Magorrian could not spend his usual amount of time sweating off the weight. We have also noted that an adequate replacement rider was found. In our opinion a suspension at this busy time of the year was too severe a penalty under the circumstances as presented today. Any monetary penalty however has to reflect his poor record and serve as a deterrent. We urged Mr Magorrian to take the advice of Mr Parkes and be mindful of the weights he accepts rides at in the future.
Decision Date: 12/01/2016
Publish Date: 12/01/2016
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: 54dade981954356c6adfb3670010c2e3
informantnumber: A6838
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to make correct weight
plea: admitted
penaltyrequired: 1
decisiondate: 12/01/2016
hearing_title: Stratford RC 31 December 2015 - R 1 - Chair, Mrs N Moffatt
charge:
facts:
Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 330 (3) (c) in that Lee Magorrian failed to make the contracted weight on FIERTE.
Mr Magorrian weighed himself on track prior to Race 1 and realised that he would not be able to make the correct weight of 54kgs for FIERTE. He immediately notified the Stewards that he was 1kg over and a replacement rider (Ms L Hemi) was engaged. Mr Magorrian had five further rides for the day that he was able to draw correct weight for.
Mr Magorrian told the committee that prior to going out to ride work this morning he turned the sauna on but after riding four horses he returned to find that the sauna had not turned on. From that point the sauna took half an hour to heat up and as he had to travel down to Stratford he was unable to spend enough time in the sauna to sweat the weight off.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Goodwin said Mr Magorrian had a bad record in regard to Rule 330(3)(c). He cited a number of charges this season with the most recent being in November where he was replaced in a Group 3 race and fined $600. (The Judicial Committee pointed out that the November charge was Mr Magorrian’s 6th overweight charge this year). Mr Goodwin said Mr Magorrian had notified the Stewards at the earliest opportunity and a suitable replacement rider had been found. Mr Rogerson, the trainer of FIERTE, was “more than happy” to engage Ms Hemi for the ride. Mr Goodwin said Mr Magorrian’s record suggested he is getting very close to incurring a suspension however today’s breach was not as serious as the Counties Cup and the Stewards’ submission was for a monetary penalty.
Mr Parkes asked the Committee to take into account Mr Magorrian’s situation where, as an apprentice rider, he is required to ride track-work on the mornings of race days. Mr Parkes, as a senior rider, can spend much more time in the sauna to get his weight down prior to attending the races.
Mr Magorrian said in order to lose 1.5kgs he has to spend approximately 1 ½ hours in the sauna and this morning he didn’t have that time.
reasonsforpenalty:
The Committee considered all of the facts and submissions. Mr Magorrian has one of the worst records in the country for breaches of the overweight rule. The Committee advised that further breaches (outside of the minor infringement scheme) would likely be met with a suspension of his rider’s license.
On this occasion we have taken into account the sauna malfunction and the fact that Mr Magorrian could not spend his usual amount of time sweating off the weight. We have also noted that an adequate replacement rider was found. In our opinion a suspension at this busy time of the year was too severe a penalty under the circumstances as presented today. Any monetary penalty however has to reflect his poor record and serve as a deterrent. We urged Mr Magorrian to take the advice of Mr Parkes and be mindful of the weights he accepts rides at in the future.
penalty:
Mr Magorrian is fined the sum of $750.00.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mr J Parkes - Senior Rider assisting Mr Magorrian
PersonPresent:
Respondent:
StipendSteward:
raceid: f9aba7dfaca8507e826bbda91320e66e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5006d6598b4e35a0c0161e725f648630
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/12/2015
meet_title: Stratford RC - 31 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: stratford-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: TUtikere
meet_pm2: none
name: Stratford RC