Archive Decision

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Canterbury R 8 May 2021 – R 5 – Chair, Mr S Ching

ID: JCA15823

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr W Papier - Class B Licensed Jockey

Other Person:
Mr M Davidson - Stipendiary Steward, Mr M Pitman - Licensed Trainer assisting Mr Papier

Information Number:
A14073

Hearing Type:
Hearing

New Charge:
Failed to take all reasonable and permissible measures to ensure the horse is given full opportunity to obtain the best possible finishing place

Rules:
636(1)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 8 May 2021

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2021/05/08

Race Number:
R5

Decision:

Mr Papier having admitted the charge, the charge was found proved.

Penalty:

Accordingly, Mr Papier is suspended from conclusion of racing today 8 May 2021 up to and including 5 June 2021.

Facts:

Following the running of Race 3, the Norwood Farm Machinery Rating 65, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Licensed jockey, Mr W Papier, in that he failed to take reasonable and permissible measures to ensure his mount, MAKABAR, was given the best possible chance to finish in the best possible placing by permitting his mount to cover more ground than reasonably necessary.

Rule 636(1)(b) reads as follows:
(1) A person:

(b) being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the Race or to obtain the best possible finishing place;

Mr Papier had indicated on the Information that this breach of the Rule was admitted which he confirmed at the hearing. Mr Papier also agreed that he understood the charge and the Rule it was brought under. Mr Papier was assisted at the hearing by Licensed Trainer, Mr M Pitman.

Mr Oatham stated that the charge relates Mr Papier’s riding from the barrier to the straight entrance where he has covered far more ground than he needed to and far more ground that was reasonable or necessary in the circumstances.

Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the race and began by pointing out Mr Papier, riding MAKABAR, who had drawn the outside of the 14-horse field from the 1200m start. He showed that Mr Papier after jumping from the barrier, stayed in a very wide position on the track over the early stages as the field settled down to his inner and by the mid stages of the race, was still wide, some 12 to 14 horses wide. Mr Davidson pointed out Mr Papier who stayed 4 to 5 horses wider than any other runner over the middle stages with the remainder of the field to the middle and inside of the track. He showed on the films Mr Papier head out on the track even wider as the field crossed the junction by the 800m. Mr Davidson also showed Mr Papier use his whip in his left hand resulting in the horse shifting even wider on the track before straightening his mount. He stated that where Mr Papier has erred is that there has been plenty of time for him to shift across, just be adjacent to the outside horse, ridden by Mr Pinn or just in behind him. Mr Davidson that with Mr Papier being out so wide other runners have been allowed to improve between himself and Mr Pinn, who was riding the eventual winner.

Mr Oatham summed up by stating that this was a Rating 65 race on a Good 3 track over 1200m in which they ran 1.09.53 with a time of 34.23 for the final 600m. He said he didn’t believe anyone would think it was reasonable for a horse to cover that much extra ground and be competitive in the race.

Mr Papier believed that he rode the horse to give it the best run but conceded that he had erred on this occasion.

Mr Pitman stated that there were mitigating factors to consider being that when Mr Papier used the whip the horse shifted out in the straight which made the ride look worse. Mr Pitman conceded that Mr Papier covered more ground than necessary during the running, which was why Mr Papier was admitting the breach, He added that his instructions were to stay in the middle of the track as he believed the track was better there.

Submissions for Penalty:

Mr Oatham stated that Mr Papier had a clear record in relation to this Rule and was relatively inexperienced, with only a total of 89 lifetime rides. He said the JCA Penalty Guide provides a starting point of a 6-week suspension as starting point for a breach of this Rule. Mr Oatham submitted that the breach was mid to low level and taking Mr Papier's inexperience, his status as an Apprentice Rider and his frank admission into consideration, a 4-week suspension be considered as penalty in this case.

Mr Papier elected to make no submissions on penalty and after discussion on deferment, requested that any suspension begin as soon as possible.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 6-week suspension for a mid-range breach of this Rule. We agreed with the Stewards that this breach is mid to low and accordingly have adopted a 5-week starting point. We determined there were no aggravating factors to consider therefore no uplift in penalty warranted. There were, however, mitigating factors to consider being, Mr Papier's relative inexperience, his status as an Apprentice Rider and his frank admission of the breach. These factors we deemed were worthy of a combined discount which we set at 1 week. We therefore determined that a 4-week suspension was an appropriate penalty for Mr Papier.

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: d7cd21a6b337b582190e606bb491491f


informantnumber: A14073


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to take all reasonable and permissible measures to ensure the horse is given full opportunity to obtain the best possible finishing place


plea: admitted


penaltyrequired: 1


decisiondate: 12/05/2021


hearing_title: Canterbury R 8 May 2021 - R 5 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 3, the Norwood Farm Machinery Rating 65, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Licensed jockey, Mr W Papier, in that he failed to take reasonable and permissible measures to ensure his mount, MAKABAR, was given the best possible chance to finish in the best possible placing by permitting his mount to cover more ground than reasonably necessary.

Rule 636(1)(b) reads as follows:
(1) A person:

(b) being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the Race or to obtain the best possible finishing place;

Mr Papier had indicated on the Information that this breach of the Rule was admitted which he confirmed at the hearing. Mr Papier also agreed that he understood the charge and the Rule it was brought under. Mr Papier was assisted at the hearing by Licensed Trainer, Mr M Pitman.

Mr Oatham stated that the charge relates Mr Papier’s riding from the barrier to the straight entrance where he has covered far more ground than he needed to and far more ground that was reasonable or necessary in the circumstances.

Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the race and began by pointing out Mr Papier, riding MAKABAR, who had drawn the outside of the 14-horse field from the 1200m start. He showed that Mr Papier after jumping from the barrier, stayed in a very wide position on the track over the early stages as the field settled down to his inner and by the mid stages of the race, was still wide, some 12 to 14 horses wide. Mr Davidson pointed out Mr Papier who stayed 4 to 5 horses wider than any other runner over the middle stages with the remainder of the field to the middle and inside of the track. He showed on the films Mr Papier head out on the track even wider as the field crossed the junction by the 800m. Mr Davidson also showed Mr Papier use his whip in his left hand resulting in the horse shifting even wider on the track before straightening his mount. He stated that where Mr Papier has erred is that there has been plenty of time for him to shift across, just be adjacent to the outside horse, ridden by Mr Pinn or just in behind him. Mr Davidson that with Mr Papier being out so wide other runners have been allowed to improve between himself and Mr Pinn, who was riding the eventual winner.

Mr Oatham summed up by stating that this was a Rating 65 race on a Good 3 track over 1200m in which they ran 1.09.53 with a time of 34.23 for the final 600m. He said he didn’t believe anyone would think it was reasonable for a horse to cover that much extra ground and be competitive in the race.

Mr Papier believed that he rode the horse to give it the best run but conceded that he had erred on this occasion.

Mr Pitman stated that there were mitigating factors to consider being that when Mr Papier used the whip the horse shifted out in the straight which made the ride look worse. Mr Pitman conceded that Mr Papier covered more ground than necessary during the running, which was why Mr Papier was admitting the breach, He added that his instructions were to stay in the middle of the track as he believed the track was better there.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Papier having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Oatham stated that Mr Papier had a clear record in relation to this Rule and was relatively inexperienced, with only a total of 89 lifetime rides. He said the JCA Penalty Guide provides a starting point of a 6-week suspension as starting point for a breach of this Rule. Mr Oatham submitted that the breach was mid to low level and taking Mr Papier's inexperience, his status as an Apprentice Rider and his frank admission into consideration, a 4-week suspension be considered as penalty in this case.

Mr Papier elected to make no submissions on penalty and after discussion on deferment, requested that any suspension begin as soon as possible.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 6-week suspension for a mid-range breach of this Rule. We agreed with the Stewards that this breach is mid to low and accordingly have adopted a 5-week starting point. We determined there were no aggravating factors to consider therefore no uplift in penalty warranted. There were, however, mitigating factors to consider being, Mr Papier's relative inexperience, his status as an Apprentice Rider and his frank admission of the breach. These factors we deemed were worthy of a combined discount which we set at 1 week. We therefore determined that a 4-week suspension was an appropriate penalty for Mr Papier.


penalty:

Accordingly, Mr Papier is suspended from conclusion of racing today 8 May 2021 up to and including 5 June 2021.


hearing_type: Hearing


Rules: 636(1)(b)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr W Papier - Class B Licensed Jockey


Otherperson: Mr M Davidson - Stipendiary Steward, Mr M Pitman - Licensed Trainer assisting Mr Papier


PersonPresent:


Respondent:


StipendSteward:


raceid: ad83a49cebbd08f48bf8a9a2a761ef37


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d57ff7fb58df7ad939af167d9398dd9c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/05/2021


meet_title: Canterbury JC - 8 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury JC