Westland RC 11 January 2017 – R 6 – Chair, Mr R McKenzie
ID: JCA11614
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 Firdhaus having admitted the breach, the charge was found proved.
Penalty:
Mr Firdhaus 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 R Firdhaus, alleging that Mr Firdhaus, as the rider of THEWAYWEROLL in the race, “shook hands with W Papier (STORMY HABIT) after the line”.
Mr Firdhaus was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr AJ Carston.
Rule 649 provides as follows:
(1) A Rider must not:
(b) 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, Mr Firdhaus, who had ridden the winner, THEWAYWEROLL. This took place well after the finishing line, Mr Davidson said. It was clear that the handshake had been initiated by Mr Papier.
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 or that the weighing in process had been prejudiced, Mr Davidson said.
Mr Carston said that Mr Firdhaus had been advised of the Rule at the meeting of Reefton JC on 5 January last. There was no excuse for his actions but he would learn from it, he said. It was stressed that Mr Papier had initiated the handshake.
Submissions for Penalty:
Mr Davidson submitted that a fine at the lower end was appropriate and he submitted $100.
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 Firdhaus’s admission of the breach, secondly, his good record 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. In addition, it was accepted that the handshake had been initiated by Mr Papier.
The Committee decided that a discount of 50% was appropriate for a combination of those factors. The Committee was satisfied that the penalty should be in line with the fine of $125 imposed at an earlier hearing on the other rider involved in the incident, 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: 2da4a4a5488169cee72f672e17b41298
informantnumber: A7790
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 R Firdhaus, alleging that Mr Firdhaus, as the rider of THEWAYWEROLL in the race, “shook hands with W Papier (STORMY HABIT) after the line”.
Mr Firdhaus was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr AJ Carston.
Rule 649 provides as follows:
(1) A Rider must not:
(b) 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, Mr Firdhaus, who had ridden the winner, THEWAYWEROLL. This took place well after the finishing line, Mr Davidson said. It was clear that the handshake had been initiated by Mr Papier.
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 or that the weighing in process had been prejudiced, Mr Davidson said.
Mr Carston said that Mr Firdhaus had been advised of the Rule at the meeting of Reefton JC on 5 January last. There was no excuse for his actions but he would learn from it, he said. It was stressed that Mr Papier had initiated the handshake.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Firdhaus having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson submitted that a fine at the lower end was appropriate and he submitted $100.
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 Firdhaus’s admission of the breach, secondly, his good record 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. In addition, it was accepted that the handshake had been initiated by Mr Papier.
The Committee decided that a discount of 50% was appropriate for a combination of those factors. The Committee was satisfied that the penalty should be in line with the fine of $125 imposed at an earlier hearing on the other rider involved in the incident, Mr Papier.
penalty:
Mr Firdhaus was fined the sum of $125.
hearing_type: Hearing
Rules: 649(1)(b)
Informant: Mr MR Davidson - Stipendiary Steward
JockeysandTrainer: Mr R Firdhaus - Licensed Apprentice Jockey (Class B)
Otherperson: Mr AJ Carston - Licensed Trainer (Class A) assisting Mr Firdhaus
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