Waikato RC 2 May 2015 – R 12
ID: JCA12741
Code:
Thoroughbred
Meet Title:
Waikato RC - 2 May 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/05/02
Race Number:
R12
Decision:
As Mr Magorrian admitted the breach we find the charge proved.
Penalty:
We grant Mr Magorrian’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 9 May and conclude after racing on 21 May 2015 (5 North Island days).
Facts:
Following the running of race 12, The Super Easy @ Hallmark 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Magorrian used the whip in an excessive manner when riding KNIGHT COURT prior to the 200 metres.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Magorrian at the hearing.
Rule 638(3) (b)(ii) provides: a rider shall not strike a horse with a whip or to an extent which is unnecessary, excessive or improper.
Mr Coles identified on the video films that Mr Magorrian struck his mount 12 times prior to the 200 metres without the required respite.
Mr Magorrian told the Committee that his mount was a green horse that was not racing honestly. He admitted he was trying hard for the connections of KNIGHT COURT and said the strikes were not aggressive. He accepted that he struck his mount 12 times and described them as a “flicking” which in his opinion would not have hurt the horse.
Mr Harris advised the Committee that Mr Magorrian was trying very hard and he was trying to slow him down with the whip. He said Mr Magorrian had showed control up until the last race and it was to his credit he had approached Mr Harris about how to best deal with a frustrating day as a rider. Mr Harris did remind Mr Magorrian that the public perception was very important in regards to his use of the whip.
Submissions for Penalty:
Mr Oatham produced Mr Magorrian’s record which showed 7 previous breaches under this Rule in the last 12 months, the most recent being on 24 January 2015 which attracted a 3 day suspension and in addition a $600 fine. He said Mr Magorrian’s record was not a good one and it was clearly a major issue. He informed the Committee that Mr Magorrian had been receiving assistance from prominent License Holders regarding his use of the whip. He added that his record did seem to be improving but he was disappointed to see him breach this Rule again. He described it as “not a bad breach” in terms of severity and number of strikes. He assessed the incident as low to mid – range and believed his record was a major aggravating factor. Mr Oatham submitted it was inevitable that Mr Magorrian would incur a suspension for today’s breach.
Mr Magorrian submitted that in the last 3 months he had improved but stated that he slipped up this time.
Mr Magorrian advised that he had upcoming engagements at Rotorua on 9 May, and sought a deferment to any proposed suspension. Mr Magorrian confirmed that he predominately rode in the North Island.
Mr Harris submitted that it had all been said about Mr Magorrian’s history regarding his use of the whip. He added that up until today Mr Magorrian had been quite consistent and he noticed some improvement. He admitted Mr Magorrian has a problem under this Rule and he will be endeavouring to support him and address his repeat offending.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating fact was Mr Magorrian’s admission of the breach. We assess the number of strikes (12) to be in the low to mid – range and the severity to be mid - range. The significant aggravating fact was Mr Magorrian’s overall record under this Rule in the last 12 months which can only be described as appalling, he has the worst record in the country. Animal welfare issues have become a significant issue for racing and participants need to remain sensitive to the public perception.
We note that Mr Magorrian has received coaching from experienced Trainer Mr Tiley and Rider Mr Du Plessis and he appeared to be making some good progress.
The Committee believes after referring to the JCA Penalty Guide that an uplift from his previous suspension was necessary. We have taken into account Mr Magorrian’s clear record in the last 3 months and had regard for his status as an Apprentice rider.
After taking into account all the above factors the Committee considers an appropriate penalty is a 5 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: 521ade957fd9ce2603bd0963bc9b5592
informantnumber: A6895
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2015
hearing_title: Waikato RC 2 May 2015 - R 12
charge:
facts:
Following the running of race 12, The Super Easy @ Hallmark 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Magorrian used the whip in an excessive manner when riding KNIGHT COURT prior to the 200 metres.
Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Magorrian at the hearing.
Rule 638(3) (b)(ii) provides: a rider shall not strike a horse with a whip or to an extent which is unnecessary, excessive or improper.
Mr Coles identified on the video films that Mr Magorrian struck his mount 12 times prior to the 200 metres without the required respite.
Mr Magorrian told the Committee that his mount was a green horse that was not racing honestly. He admitted he was trying hard for the connections of KNIGHT COURT and said the strikes were not aggressive. He accepted that he struck his mount 12 times and described them as a “flicking” which in his opinion would not have hurt the horse.
Mr Harris advised the Committee that Mr Magorrian was trying very hard and he was trying to slow him down with the whip. He said Mr Magorrian had showed control up until the last race and it was to his credit he had approached Mr Harris about how to best deal with a frustrating day as a rider. Mr Harris did remind Mr Magorrian that the public perception was very important in regards to his use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Magorrian’s record which showed 7 previous breaches under this Rule in the last 12 months, the most recent being on 24 January 2015 which attracted a 3 day suspension and in addition a $600 fine. He said Mr Magorrian’s record was not a good one and it was clearly a major issue. He informed the Committee that Mr Magorrian had been receiving assistance from prominent License Holders regarding his use of the whip. He added that his record did seem to be improving but he was disappointed to see him breach this Rule again. He described it as “not a bad breach” in terms of severity and number of strikes. He assessed the incident as low to mid – range and believed his record was a major aggravating factor. Mr Oatham submitted it was inevitable that Mr Magorrian would incur a suspension for today’s breach.
Mr Magorrian submitted that in the last 3 months he had improved but stated that he slipped up this time.
Mr Magorrian advised that he had upcoming engagements at Rotorua on 9 May, and sought a deferment to any proposed suspension. Mr Magorrian confirmed that he predominately rode in the North Island.
Mr Harris submitted that it had all been said about Mr Magorrian’s history regarding his use of the whip. He added that up until today Mr Magorrian had been quite consistent and he noticed some improvement. He admitted Mr Magorrian has a problem under this Rule and he will be endeavouring to support him and address his repeat offending.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating fact was Mr Magorrian’s admission of the breach. We assess the number of strikes (12) to be in the low to mid – range and the severity to be mid - range. The significant aggravating fact was Mr Magorrian’s overall record under this Rule in the last 12 months which can only be described as appalling, he has the worst record in the country. Animal welfare issues have become a significant issue for racing and participants need to remain sensitive to the public perception.
We note that Mr Magorrian has received coaching from experienced Trainer Mr Tiley and Rider Mr Du Plessis and he appeared to be making some good progress.
The Committee believes after referring to the JCA Penalty Guide that an uplift from his previous suspension was necessary. We have taken into account Mr Magorrian’s clear record in the last 3 months and had regard for his status as an Apprentice rider.
After taking into account all the above factors the Committee considers an appropriate penalty is a 5 day suspension.
penalty:
We grant Mr Magorrian’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 9 May and conclude after racing on 21 May 2015 (5 North Island days).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider of KNIGHT COURT
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 75691459c5d51fe6a6c12626091ff71d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 02929c1c0613b5096a4036442959fa72
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/05/2015
meet_title: Waikato RC - 2 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Waikato RC