Waipa RC 5 October 2014 – R 5
ID: JCA13361
Code:
Thoroughbred
Meet Title:
Waipa RC - 5 October 2014
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2014/10/05
Race Number:
R5
Decision:
As Mr Magorrian admitted the breach we find the charge proved.
Penalty:
Mr Magorrian is fined the sum of $300.
The Committee declared JUSTABOUT READY shall be disqualified for the race as per rule 648(3).
Facts:
Following the running of race 5, Commercial Hotel Te Awamutu 1150, an Information was filed pursuant to Rule 649 (3). The Informant, Mr Coles, alleged that Mr Magorrian weighed in 0.6 kg underweight after riding JUSTABOUT READY. Mr Coles also requested a ruling in relation to rule 648(3).
Mr Magorrian acknowledged that he understood the nature of the charge, the rule and confirmed his admission of the breach. Mrs Liefting assisted Mr Magorrian at the hearing.
Rule 649(3) provides: A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).
Rule 648(3) provides: If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.
Mr Coles told the Committee that straight after the race Mr Sanders, Clerk of the Scales, notified the Stewards that Mr Magorrian rider of JUSTABOUT READY weighed in 0.6 kgs lighter than his weighed out weight. Mr Coles confirmed that all the gear Mr Magorrian weighed out with was present. He said they then asked Mr Magorrian to step aside until all the other riders had weighed in before asking him to re weigh. This showed he was clearly 0.6kg under his weighed out weight.
Mr Magorrian advised the Committee that after weighing out he went to the bathroom which was his only explanation for weighing in underweight.
Submissions for Penalty:
Mr Coles produced Mr Magorrian’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Magorrian should be given credit for his early admission of the breach and his record. He referred to a similar case which incurred a $500 fine and submitted a monetary penalty of this amount would be appropriate.
Mr Coles also requested the disqualification of JUSTABOUT READY as per rule 648(3).
Mr Magorrian said the proposed penalty by the Stewards was a bit harsh as this was his first charge under this rule.
Mrs Liefting had nothing to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Magorrian’s admission of the breach and his clear record in relation to this rule. We note JUSTABOUT READY finished unplaced in the race and Mr Magorrian was only 0.1 over the allowable allowance. We also had regard for the fact Mr Magorrian is an apprentice rider.
The Committee referred to the JCA Archive Listings which showed 2 breaches of this rule in 2010, they incurred fines of $200 and $500.
After taking into account all the above factors and reviewing the 2010 decisions we consider an appropriate penalty for this breach is a $300 fine.
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: 681927b6e4cd551fb5c6cd2d242503aa
informantnumber: A4351
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Weighed in underweight
plea: admitted
penaltyrequired: 1
decisiondate: 03/10/2014
hearing_title: Waipa RC 5 October 2014 - R 5
charge:
facts:
Following the running of race 5, Commercial Hotel Te Awamutu 1150, an Information was filed pursuant to Rule 649 (3). The Informant, Mr Coles, alleged that Mr Magorrian weighed in 0.6 kg underweight after riding JUSTABOUT READY. Mr Coles also requested a ruling in relation to rule 648(3).
Mr Magorrian acknowledged that he understood the nature of the charge, the rule and confirmed his admission of the breach. Mrs Liefting assisted Mr Magorrian at the hearing.
Rule 649(3) provides: A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).
Rule 648(3) provides: If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.
Mr Coles told the Committee that straight after the race Mr Sanders, Clerk of the Scales, notified the Stewards that Mr Magorrian rider of JUSTABOUT READY weighed in 0.6 kgs lighter than his weighed out weight. Mr Coles confirmed that all the gear Mr Magorrian weighed out with was present. He said they then asked Mr Magorrian to step aside until all the other riders had weighed in before asking him to re weigh. This showed he was clearly 0.6kg under his weighed out weight.
Mr Magorrian advised the Committee that after weighing out he went to the bathroom which was his only explanation for weighing in underweight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Magorrian admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Magorrian’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Magorrian should be given credit for his early admission of the breach and his record. He referred to a similar case which incurred a $500 fine and submitted a monetary penalty of this amount would be appropriate.
Mr Coles also requested the disqualification of JUSTABOUT READY as per rule 648(3).
Mr Magorrian said the proposed penalty by the Stewards was a bit harsh as this was his first charge under this rule.
Mrs Liefting had nothing to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Magorrian’s admission of the breach and his clear record in relation to this rule. We note JUSTABOUT READY finished unplaced in the race and Mr Magorrian was only 0.1 over the allowable allowance. We also had regard for the fact Mr Magorrian is an apprentice rider.
The Committee referred to the JCA Archive Listings which showed 2 breaches of this rule in 2010, they incurred fines of $200 and $500.
After taking into account all the above factors and reviewing the 2010 decisions we consider an appropriate penalty for this breach is a $300 fine.
penalty:
Mr Magorrian is fined the sum of $300.
The Committee declared JUSTABOUT READY shall be disqualified for the race as per rule 648(3).
hearing_type: Hearing
Rules: 649(3) & 648(3)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr L Magorrian - Apprentice Rider
Otherperson: Mrs M Liefting - assisting Mr Magorrian
PersonPresent:
Respondent:
StipendSteward:
raceid: 84a7eb5527500e7615c53274b1651db8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1088cbc05c5a2ba9c9c754135c48ffce
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/10/2014
meet_title: Waipa RC - 5 October 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Waipa RC