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Avondale JC 8 May 2015 - R 3

Created on 11 May 2015

ADooley (chair)
Mr L Magorrian - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Mr S Clotworthy - Trainer assisting Mr Magorrian
Mr A Coles - Stipendiary Steward
Mr M Williamson - Stipendiary Steward
Information Number
Careless Riding

Following the running of race 3, Elm Street 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Magorrian allowed his mount to shift in near the 300 metres when not sufficiently clear of LICAVOLI (G Cooksley) FREEWHEELER (B Jones) and ALL THE ANSWERS (C Grylls) which was checked.

Mr Magorrian acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Harris and Mr Clotworthy assisted Mr Magorrian at the hearing.

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

Mr Coles identified on the head on film that passing the 300 metres FORT STREET DANCER (L Magorrian) shifted to the inside of KAURI MAN (A Jones) to obtain clear running. He said at that point there was a clear run available but noted when Mr Magorrian shifted in KAURI MAN then shifting in slightly. He showed where Ms Jones did stop riding her mount and straighten. However, Mr Coles said Mr Magorrian made no attempt to straighten his mount which was a point of concern for the Stewards. Mr Coles said FORT STREET DANCER continued to shift in, crowding LICAVOLI, FREEWHEELER and ALL THE ANSWERS with Mr Grylls having to check out of it. He said in mitigation Ms Jones mount did shift in 1 horse width.

Mr Magorrian told the Committee that he agreed with Mr Coles' interpretation of the interference. He said when he moved in to obtain a run Ms Jones’ mount drifted in which contributed to the incident. He acknowledged that he did dictate the runners to his inside which resulted in Mr Grylls being checked.

Mr Harris said it was Mr Magorrian’s lack of experience when moving in at a right handed angle. He was of the view that Mr Magorrian was trying too hard and he was trying to slow him down.


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

Submission For Penalty:

Mr Williamson produced Mr Magorrian’s record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being 26 January which incurred a 4 day suspension. He confirmed that Mr Magorrian was suspended on 2 May for excessive whip use with that suspension to conclude after racing on 21 May. He said in mitigation was Mr Magorrian found himself in an unfortunate circumstance when Ms Jones' mount had shifted in and when he did improve to her inside Mr Grylls was not established into the gap along the rails. He said the level of carelessness was low end even though the interference may have looked worse. Mr Williamson submitted an appropriate suspension would be 4 North Island days.

The Committee read aloud the new JCA Penalty Guide regarding calculation of days at the hearing for clarity.

Mr Magorrian confirmed that he was to commence his previous suspension after racing on 9 May. Mr Magorrian said he intended to ride everywhere in the North Island.

The Committee requested that Mr Williamson produce Mr Magorrian’s recent history of riding in the Central Districts before we imposed penalty. This was in accordance with the Penalty Guide effective 1 May 2015.

Mr Williamson produced to the Committee evidence that Mr Magorrian had recently ridden on several occasions in the Central Districts on Industry days. We note that Mr Magorrian had incurred 2 suspensions in that region this season.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Magorrian’s admission of the breach, the level of carelessness was low end and we accept that Ms Jones shifted in 1 horse width. However, the error Mr Magorrian made was that he failed to stop riding his mount forward when it shifted in. We consider Mr Magorrian’s record to be only fair and this is an aggravating fact.

The Committee was satisfied that Mr Magorrian has a recent history of riding in the Central Districts on Industry days and this was reflected in the penalty.

After taking into account all the above the Committee considers the mitigating factors in this particular case justifies a 4 day suspension.


Accordingly, Mr Magorrian had his license to ride in races suspended for a period to commence after racing on 21 May and conclude after racing on 28 May 2015 (4 days).

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