Taumarunui RC 5 July 2014 – R 1
ID: JCA13677
Code:
Thoroughbred
Meet Title:
Taumarunui RC - 5 July 2014
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2014/07/05
Race Number:
R1
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
Penalty:
We grant Mr Magorrian’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Magorrian which will commence after racing on 12 July and conclude after racing on 17 July 2014 (3 North Island days).
Facts:
Following the running of race 1, Taumarunui & Districts RSA Inc Premier, an Information was filed pursuant to Rule 638 (3) (b). The Informant, Mr Oatham, alleged that Mr Magorrian used the whip excessively prior to the 200 metres when riding SO IT GOES.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Reid 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;
This hearing took place following the running of race 5.
Mr Robinson identified on the video films the eventual winner of the race SO IT GOES was struck with the whip at least 10 times prior to the 200 metres. He said this was outside the whip guidelines.
Mr Magorrian acknowledged that he struck his mount 10 times prior to the final 200 metres and had nothing further to add.
Mr Reid had nothing further to add.
Submissions for Penalty:
Mr Oatham produced Mr Magorrian’s record which showed 3 previous breaches of this Rule in the last 12 months.
12.5.14 - $150 fine
21.5.14 - $275 fine
14.6.14 - $500 fine.
He said Mr Magorrian’s record was clearly of some concern to the Stewards. He said an aggravating fact of this breach was SO IT GOES won the race and Mr Magorrian may have potentially gained an advantage. Mr Oatham described the breach as not at the higher end and submitted a 3 day suspension was appropriate given Mr Magorrian’s record.
Mr Magorrian advised that he had upcoming commitments at Ruakaka on 12 July, and sought a deferment to any proposed suspension. He added in his opinion the breach warranted a 2 day suspension.
Mr Reid submitted that Mr Magorrian was riding extremely well and asked the Committee to bear in mind this is a good time of the year for him. He added several trainers at Byerley Park were monitoring Mr Magorrian’s whip use and today’s breach would be a valuable lesson for him.
In response to a question from the Committee, Mr Magorrian submitted that he had not received any coaching from the riding master since his last breach of this Rule.
The Committee informed Mr Reid that on the 14.6.14 Mr Clotworthy told this Committee that he had made arrangements for Mr Magorrian to receive additional coaching from the riding master.
Mr Magorrian confirmed that he rode only in the North Island.
Mr Reid submitted that Mr Magorrian had no intention of riding in the South Island in the next 2 weeks.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach, the number of strikes (10) is assessed as low – range and the severity is assessed at the low end. The Committee is particularly concerned that this is Mr Magorrian’s 4th breach of this Rule in the last 7 weeks. This Committee on the 14.6.14 encouraged Mr Magorrian to take up the offer of remedial coaching from the riding master and is disappointed this didn’t happen.
We also had regard for Mr Magorrian’s status as an apprentice rider.
We have given due consideration to penalties for similar breaches of this Rule and we have taken into account JCA Penalty Guidelines.
Balancing all the above factors we consider an appropriate penalty is a 3 day suspension.
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: 5738ed705d7463b15a06b450aaf93360
informantnumber: A6583
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2014
hearing_title: Taumarunui RC 5 July 2014 - R 1
charge:
facts:
Following the running of race 1, Taumarunui & Districts RSA Inc Premier, an Information was filed pursuant to Rule 638 (3) (b). The Informant, Mr Oatham, alleged that Mr Magorrian used the whip excessively prior to the 200 metres when riding SO IT GOES.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Reid 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;
This hearing took place following the running of race 5.
Mr Robinson identified on the video films the eventual winner of the race SO IT GOES was struck with the whip at least 10 times prior to the 200 metres. He said this was outside the whip guidelines.
Mr Magorrian acknowledged that he struck his mount 10 times prior to the final 200 metres and had nothing further to add.
Mr Reid had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Magorrian’s record which showed 3 previous breaches of this Rule in the last 12 months.
12.5.14 - $150 fine
21.5.14 - $275 fine
14.6.14 - $500 fine.
He said Mr Magorrian’s record was clearly of some concern to the Stewards. He said an aggravating fact of this breach was SO IT GOES won the race and Mr Magorrian may have potentially gained an advantage. Mr Oatham described the breach as not at the higher end and submitted a 3 day suspension was appropriate given Mr Magorrian’s record.
Mr Magorrian advised that he had upcoming commitments at Ruakaka on 12 July, and sought a deferment to any proposed suspension. He added in his opinion the breach warranted a 2 day suspension.
Mr Reid submitted that Mr Magorrian was riding extremely well and asked the Committee to bear in mind this is a good time of the year for him. He added several trainers at Byerley Park were monitoring Mr Magorrian’s whip use and today’s breach would be a valuable lesson for him.
In response to a question from the Committee, Mr Magorrian submitted that he had not received any coaching from the riding master since his last breach of this Rule.
The Committee informed Mr Reid that on the 14.6.14 Mr Clotworthy told this Committee that he had made arrangements for Mr Magorrian to receive additional coaching from the riding master.
Mr Magorrian confirmed that he rode only in the North Island.
Mr Reid submitted that Mr Magorrian had no intention of riding in the South Island in the next 2 weeks.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating facts are Mr Magorrian's admission of the breach, the number of strikes (10) is assessed as low – range and the severity is assessed at the low end. The Committee is particularly concerned that this is Mr Magorrian’s 4th breach of this Rule in the last 7 weeks. This Committee on the 14.6.14 encouraged Mr Magorrian to take up the offer of remedial coaching from the riding master and is disappointed this didn’t happen.
We also had regard for Mr Magorrian’s status as an apprentice rider.
We have given due consideration to penalties for similar breaches of this Rule and we have taken into account JCA Penalty Guidelines.
Balancing all the above factors we consider an appropriate penalty is a 3 day suspension.
penalty:
We grant Mr Magorrian’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Magorrian which will commence after racing on 12 July and conclude after racing on 17 July 2014 (3 North Island days).
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mr L Reid - Trainer assisting Mr Magorrian, Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2cb9cfb5bc2985e6aea95e8283d8c09f
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: e898b275019f9af0fde21b57815d5bd8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/07/2014
meet_title: Taumarunui RC - 5 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taumarunui-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Taumarunui RC