Archive Decision

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Whangarei RC 30 August 2014 – R 10

ID: JCA17558

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr L Magorrian - Apprentice Rider of OUR QUEEN BEE

Other Person:
Ms D Logan - Supporting Mr Magorrian, Mr B Jones - Stipendiary Steward

Information Number:
A4137

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
R 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 30 August 2014

Meet Chair:
GJones

Meet Committee Member 1:
TDavies

Race Date:
2014/08/30

Race Number:
R10

Decision:

As Mr Magorrian admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension which will commence after racing on 6 September 2014 and conclude after racing on 14 September 2014 (4 days).  The penalty does not include any South Island meetings as Mr Magorrian has no current history of riding in the South Island on a regular basis. 

Facts:

Apprentice Rider Mr Magorrian was supported at the hearing by Trainer Ms D Logan. Mr Magorrian confirmed that he understood the nature of the charge and his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Stipendiary Steward Mr B Jones demonstrated the incident using available video footage. He advised the Committee that shortly after the start, near the 1300m OUR QUEEN BEE shifted in resulting in three horses being crowded. He said BILLIE JEAN KING who was racing on the inside of OUR QUEEN BEE was forced on to BLUE STREAK who hampered and checked GWYNEDD.

Mr Jones said that at no point was OUR QUEEN BEE sufficiently clear of BILLIE JEAN KING and the crowding to all affected horses was a direct result of Mr Magorrian’s actions.

Mr Magorrian advised the Committee that he thought it was a low end case of careless riding on his part and he was simply hunting up for the lead.

Ms Logan said that Mr Magorrian was not concentrating when he shifted across the field. 

Submissions for Penalty:

Mr Williamson advised that Mr Magorrian has a very good record and has no previous breaches of this rule. He said this was particularly noteworthy as he has 240 career rides as an apprentice. Mr Williamson said that that the breach was assessed by Stewards as low to mid range of carelessness and Mr Magorrian ought to be given credit for his admission of the breach.

Mr Magorrian advised the Committee that should a suspension be imposed he sought a deferment due to riding commitments during the next 7 days. He said the breach was low end but had learnt from his mistake. 

Reasons for Penalty:

In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.

The Committee has assessed the breach as mid-range due to the fact that the chances of three horses were affected to varying degrees.

We give Mr Magorrian credit for his very good riding record and admission of the breach.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension and grant a 7 day deferment pursuant to Rule 1106(2).

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: f1b35582818cb61cd7a4d135aa1f2b60


informantnumber: A4137


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 28/08/2014


hearing_title: Whangarei RC 30 August 2014 - R 10


charge:


facts:

Apprentice Rider Mr Magorrian was supported at the hearing by Trainer Ms D Logan. Mr Magorrian confirmed that he understood the nature of the charge and his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Stipendiary Steward Mr B Jones demonstrated the incident using available video footage. He advised the Committee that shortly after the start, near the 1300m OUR QUEEN BEE shifted in resulting in three horses being crowded. He said BILLIE JEAN KING who was racing on the inside of OUR QUEEN BEE was forced on to BLUE STREAK who hampered and checked GWYNEDD.

Mr Jones said that at no point was OUR QUEEN BEE sufficiently clear of BILLIE JEAN KING and the crowding to all affected horses was a direct result of Mr Magorrian’s actions.

Mr Magorrian advised the Committee that he thought it was a low end case of careless riding on his part and he was simply hunting up for the lead.

Ms Logan said that Mr Magorrian was not concentrating when he shifted across the field. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Magorrian admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson advised that Mr Magorrian has a very good record and has no previous breaches of this rule. He said this was particularly noteworthy as he has 240 career rides as an apprentice. Mr Williamson said that that the breach was assessed by Stewards as low to mid range of carelessness and Mr Magorrian ought to be given credit for his admission of the breach.

Mr Magorrian advised the Committee that should a suspension be imposed he sought a deferment due to riding commitments during the next 7 days. He said the breach was low end but had learnt from his mistake. 


reasonsforpenalty:

In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.

The Committee has assessed the breach as mid-range due to the fact that the chances of three horses were affected to varying degrees.

We give Mr Magorrian credit for his very good riding record and admission of the breach.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension and grant a 7 day deferment pursuant to Rule 1106(2).


penalty:

Accordingly, we impose a suspension which will commence after racing on 6 September 2014 and conclude after racing on 14 September 2014 (4 days).  The penalty does not include any South Island meetings as Mr Magorrian has no current history of riding in the South Island on a regular basis. 


hearing_type: Hearing


Rules: R 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr L Magorrian - Apprentice Rider of OUR QUEEN BEE


Otherperson: Ms D Logan - Supporting Mr Magorrian, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_noreport: 0


race_emailed1: 0


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race_title: R10


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meetdate: 30/08/2014


meet_title: Whangarei RC - 30 August 2014


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tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: TDavies


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name: Whangarei RC