MCMAHON LOSES APPEAL AGAINST CONVICTION AND PENALTY

Tuesday, October 4, 2011

The First Level Appeal Committee, consisting of Daryl Kays (Chairperson), Gary Casey and Des McGee made the following decision in relation to the appeal lodged by Jockey Ric McMahon against the decision of the Stewards at Doomben on 24 September 2011. The Appellant was found guilty of AR137(a) and Jockey McMahon’s licence was suspended for 7 meetings.

The appeal was made against both the conviction and the penalty.

The Committee heard submissions from Jockey Ric McMahon and Mr Daniel Aurisch on behalf of the stewards.

Three exhibits were presented at the appeal hearing. They were: 1) Transcript. 2) DVD. 3) Disciplinary Record.

The appeal against the conviction:

The Chairman read from the transcript the details of the charge:
“The careless riding being that as the rider of Carry to Fortune in Race 2 here today at the Doomben meeting, on 24 September 2011, you did ride in a careless manner by permitting the mare to shift out approaching the 200m when not clear of Alesprit, as a result Alesprit was tightened for room between your mount and Seek and Find and had to be checked.”

The Committee viewed a copy of the DVD.
Jockey McMahon submitted that interference from Jockey Taylor and Jockey Seamer had contributed to the incident.

Mr Aurisch submitted that the stewards were of the opinion that Jockey McMahon’s actions had caused Jockey Seamer to relinquish his position and jeopardised his safety. Mr Aurisch further submitted that in the view of the stewards there were no redeeming features in Jockey McMahon’s defence to the charge or his submissions to the Appeal Committee.

Jockey McMahon stated that he believed Jockey Seamer had put himself in that position and that he had not contributed to this incident.

The Committee is of the view that with the exception of McMahon’s mount, the relevant runners were occupying positions safely and competitively and that the only runner shifting ground was the mount of Jockey McMahon and it was that shifting of ground that resulted entirely in the incident.

The Committee has no hesitation in finding the charge sustained and dismisses the appeal on conviction.

The appeal against the penalty:

Jockey McMahon submitted that he had a good record and asked the Committee to take this into consideration.

Mr Aurisch presented Jockey McMahon’s disciplinary record as an exhibit.

Mr Aurisch submitted that the stewards had considered similar penalties and Jockey McMahon’s record when considering the penalty and that a 7 meeting suspension was warranted.

The Chairman asked both Jockey McMahon and Mr Aurisch if the Committee considered the appeal to be “frivolous”, whether they should consider increasing the penalty.

The Chairman asked Jockey McMahon to outline any financial commitments or personal commitments to which Jockey McMahon indicated there were no pressing matters.

The Committee was of the view that the penalty imposed was appropriate. They dismissed the appeal against the penalty and confirmed that a suspension of 7 meetings be imposed.

This suspension takes effect from midnight on October 5, 2011 and expire at midnight on October 16, 2011.

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