Wairio JC 17 May 2013 – R 8
ID: JCA15675
Code:
Thoroughbred
Meet Title:
Wairio JC - 17 May 2013
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2013/05/17
Race Number:
R8
Decision:
As the defendant admitted the charge, we find it proved.
Penalty:
After imposing a fine of $300 we explained in simple but forthright terms to Mr Cheng the correct steps to take on raceday should he encounter further difficulties with his weight.
Charge:
Mr Zarb, stipendiary steward, alleged that Mr Cheng changed his wearing apparel (vest) after being weighed out for race 8.
Facts:
Mr Zarb explained that the defendant had an issue with his weight and when he had first attempted to weigh out he was not able to claim his full allowance. At that time he was wearing a “Tipperary” vest. He then changed his gear and borrowed what he believed was a lighter “Race Safe” vest. He then weighed out again and was within the permissible over-weight allowance of 0.5 kg. When he weighed in the defendant was 0.3 kg heavier than his weigh out weight. The stewards investigated and found that the defendant had changed from the “Race Safe” vest he had weighed out in back to his original “Tipperary” vest.
Mr Blair-Edie stated that the defendant was a young boy who had done the wrong thing. He said Mr Cheng was concerned that he was over weight and had changed into what he believed was a lighter vest.
Mr Zarb stated that he had charged Mr Cheng under r 619 but was concerned that paras (a) and (b) were not applicable in this case. The last part of the rule, however, he said, was directly applicable.
After hearing the facts of the case the Committee expressed its concern as to whether r 619 was the appropriate rule and indicated that r 649(1)(a) might be more appropriate. After discussion with Mr Zarb and Mr Blair-Edie, the Committee amended the charge to one under r 649(1)(a). Mr Cheng was then asked to plead again and he indicated he admitted the amended charge. (He had also admitted the original charge.)
Rule 649(1)(a) states: “A Rider must not do or permit any wrongful act or omission with respect to weight or weighing.”
Submissions for Penalty:
Mr Zarb stated he viewed the breach as a serious matter. The defendant’s actions could be seen to amount to cheating and he submitted that a deterrent penalty in the range of $300 to $400 was appropriate. He produced the defendant’s record, which showed he had had only 7 rides. He said the stipendiary stewards were aware that the defendant had weight issues but this was the first time he had been charged with any breach of the rules.
Mr Blair-Edie said the defendant only earned $300 per week and asked that the Committee consider this. Mr Cheng did not speak to penalty but he was very clearly remorseful.
Reasons for Penalty:
We agree with Mr Zarb that the breach is to be viewed seriously. Any breach that impacts on the integrity of racing must always be so regarded. However, balanced against this fact is the defendant’s remorse, early admission of the breach, and the fact that his record is clear. But in light of the fact the defendant has had only 7 rides, little weight can be given to this last factor. The defendant’s immaturity and inexperience can be called upon, however. We believe a penalty at the bottom of the range submitted by Mr Zarb is appropriate and will be sufficient to hold the defendant accountable on this occasion and will act as a personal deterrent.
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: c2604602785c4a41acec6aa2f65634d8
informantnumber: 4933
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: Wairio JC 17 May 2013 - R 8
charge:
Mr Zarb, stipendiary steward, alleged that Mr Cheng changed his wearing apparel (vest) after being weighed out for race 8.
facts:
Mr Zarb explained that the defendant had an issue with his weight and when he had first attempted to weigh out he was not able to claim his full allowance. At that time he was wearing a “Tipperary” vest. He then changed his gear and borrowed what he believed was a lighter “Race Safe” vest. He then weighed out again and was within the permissible over-weight allowance of 0.5 kg. When he weighed in the defendant was 0.3 kg heavier than his weigh out weight. The stewards investigated and found that the defendant had changed from the “Race Safe” vest he had weighed out in back to his original “Tipperary” vest.
Mr Blair-Edie stated that the defendant was a young boy who had done the wrong thing. He said Mr Cheng was concerned that he was over weight and had changed into what he believed was a lighter vest.
Mr Zarb stated that he had charged Mr Cheng under r 619 but was concerned that paras (a) and (b) were not applicable in this case. The last part of the rule, however, he said, was directly applicable.
After hearing the facts of the case the Committee expressed its concern as to whether r 619 was the appropriate rule and indicated that r 649(1)(a) might be more appropriate. After discussion with Mr Zarb and Mr Blair-Edie, the Committee amended the charge to one under r 649(1)(a). Mr Cheng was then asked to plead again and he indicated he admitted the amended charge. (He had also admitted the original charge.)
Rule 649(1)(a) states: “A Rider must not do or permit any wrongful act or omission with respect to weight or weighing.”
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the defendant admitted the charge, we find it proved.
sumissionsforpenalty:
Mr Zarb stated he viewed the breach as a serious matter. The defendant’s actions could be seen to amount to cheating and he submitted that a deterrent penalty in the range of $300 to $400 was appropriate. He produced the defendant’s record, which showed he had had only 7 rides. He said the stipendiary stewards were aware that the defendant had weight issues but this was the first time he had been charged with any breach of the rules.
Mr Blair-Edie said the defendant only earned $300 per week and asked that the Committee consider this. Mr Cheng did not speak to penalty but he was very clearly remorseful.
reasonsforpenalty:
We agree with Mr Zarb that the breach is to be viewed seriously. Any breach that impacts on the integrity of racing must always be so regarded. However, balanced against this fact is the defendant’s remorse, early admission of the breach, and the fact that his record is clear. But in light of the fact the defendant has had only 7 rides, little weight can be given to this last factor. The defendant’s immaturity and inexperience can be called upon, however. We believe a penalty at the bottom of the range submitted by Mr Zarb is appropriate and will be sufficient to hold the defendant accountable on this occasion and will act as a personal deterrent.
penalty:
After imposing a fine of $300 we explained in simple but forthright terms to Mr Cheng the correct steps to take on raceday should he encounter further difficulties with his weight.
hearing_type: Hearing
Rules: 619 / 649(1)(a)
Informant: Mr Zarb, stipendiary steward
JockeysandTrainer: Mr H Cheng, apprentice jockey
Otherperson: Mr Blair-Edie, licensed trainer, assisting Mr Cheng
PersonPresent:
Respondent:
StipendSteward:
raceid: 4eee0bdc6123b2e0eda3fc4fc8c86cc4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c0660cdd56175d42084d843620fa1768
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2013
meet_title: Wairio JC - 17 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-jc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Wairio JC