Westland RC 11 January 2017 – R 6 – Chair, Mr R McKenzie
ID: JCA16832
Code:
Thoroughbred
Meet Title:
Westland RC - 11 January 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/01/11
Race Number:
R6
Decision:
Mr Papier having admitted the breach, the charge was found proved.
Penalty:
Mr Papier was fined the sum of $125.
Facts:
Following the running of Race 6, Bancorp Treasury Services Maiden, an information was filed by Stipendiary Steward, Mr MR Davidson, against Licensed Apprentice Jockey (Class B), Mr W Papier, alleging that Mr Papier, as the rider of STORMY HABIT in the race, “shook hands with R Firdhaus (THEWAYWEROLL) after the line”.
Mr Papier was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by
Mr KM Hampton, Holder of Licence to Train (Class B).
Rule 649 provides as follows:
(1) A Rider must not:
(c) touch (other than accidentally) another person or any thing other than an article of his own equipment before weighing in . . .
Mr Davidson showed a video replay of the race after the field had passed the finishing line in Race 6. He pointed out Mr Papier, riding STORMY HABIT which had finished 2nd in the race, stretch out his right hand and shake the left hand of jockey, R Firdhaus, who had ridden the winner, THEWAYWEROLL. This took place well after the finishing line, Mr Davidson said.
It was unfortunate, Mr Davidson said, that the incident had been shown on the Trackside television coverage of the race and, because of that fact, the Stewards had decided to charge both riders. Stewards did not believe that there was any sinister element, Mr Davidson said.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Papier was having only his 4th raceday ride in this race. Mr Papier had told the Stewards that he believed that the Rule only applied to touching in the birdcage. Mr Davidson submitted that a fine at the lower end was appropriate and he submitted $100.
Mr Papier said that he was just congratulating Mr Firdhaus on having ridden the winner. He too was excited at finishing 2nd and said that excitement had got the better of him.
Mr Hampton said that Mr Papier was just a “learner” and his employer, Mr Pitman, was not at the meeting. He had learned his lesson, Mr Hampton said, which Mr Papier acknowledged.
Reasons for Penalty:
In deciding penalty, the Committee had regard to the starting point of a $250 fine as provided in the Penalty Guide. The Committee identified three mitigating factors which justified a discount from that starting point – firstly, Mr Papier’s admission of the breach, secondly, his good record (albeit from a small number of rides) and, thirdly, that the breach was at the very low end of a scale of seriousness, there being no sinister element and the weighing in process had not been prejudiced.
The Committee decided that a discount of 50% was appropriate for a combination of those factors.
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: a7b39a9961d753a042eec2726609ea57
informantnumber: A7791
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Touching Before Weighing In
plea: admitted
penaltyrequired: 1
decisiondate: 15/01/2017
hearing_title: Westland RC 11 January 2017 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Bancorp Treasury Services Maiden, an information was filed by Stipendiary Steward, Mr MR Davidson, against Licensed Apprentice Jockey (Class B), Mr W Papier, alleging that Mr Papier, as the rider of STORMY HABIT in the race, “shook hands with R Firdhaus (THEWAYWEROLL) after the line”.
Mr Papier was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by
Mr KM Hampton, Holder of Licence to Train (Class B).
Rule 649 provides as follows:
(1) A Rider must not:
(c) touch (other than accidentally) another person or any thing other than an article of his own equipment before weighing in . . .
Mr Davidson showed a video replay of the race after the field had passed the finishing line in Race 6. He pointed out Mr Papier, riding STORMY HABIT which had finished 2nd in the race, stretch out his right hand and shake the left hand of jockey, R Firdhaus, who had ridden the winner, THEWAYWEROLL. This took place well after the finishing line, Mr Davidson said.
It was unfortunate, Mr Davidson said, that the incident had been shown on the Trackside television coverage of the race and, because of that fact, the Stewards had decided to charge both riders. Stewards did not believe that there was any sinister element, Mr Davidson said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Papier having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Papier was having only his 4th raceday ride in this race. Mr Papier had told the Stewards that he believed that the Rule only applied to touching in the birdcage. Mr Davidson submitted that a fine at the lower end was appropriate and he submitted $100.
Mr Papier said that he was just congratulating Mr Firdhaus on having ridden the winner. He too was excited at finishing 2nd and said that excitement had got the better of him.
Mr Hampton said that Mr Papier was just a “learner” and his employer, Mr Pitman, was not at the meeting. He had learned his lesson, Mr Hampton said, which Mr Papier acknowledged.
reasonsforpenalty:
In deciding penalty, the Committee had regard to the starting point of a $250 fine as provided in the Penalty Guide. The Committee identified three mitigating factors which justified a discount from that starting point – firstly, Mr Papier’s admission of the breach, secondly, his good record (albeit from a small number of rides) and, thirdly, that the breach was at the very low end of a scale of seriousness, there being no sinister element and the weighing in process had not been prejudiced.
The Committee decided that a discount of 50% was appropriate for a combination of those factors.
penalty:
Mr Papier was fined the sum of $125.
hearing_type: Hearing
Rules: 649(1)(b)
Informant: Mr MR Davidson - Stipendiary Steward
JockeysandTrainer: Mr W Papier - Licensed Apprentice Jockey (Class B)
Otherperson: Mr KM Hampton - Holder of Licensed to Train assisting Mr Papier
PersonPresent:
Respondent:
StipendSteward:
raceid: 01ea93067527a46bd0d5c905358d8220
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 18e8d678cac90cccea86b6cf855e69dd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/01/2017
meet_title: Westland RC - 11 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westland-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Westland RC