Waikato RC 13 February 2021 – R 7 – Chair, Mr N McCutcheon
ID: JCA12649
Code:
Thoroughbred
Meet Title:
Waikato RC - 13 February 2021
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
GJones
Race Date:
2021/02/13
Race Number:
R 7
Decision:
As Ms Wynyard admitted the charge it was deemed to be proved. Additionally, the Committee is satisfied after hearing evidence from Mr Wenn, Ms Algar and Ms Wynyard that the language used, in the circumstances, does constitute misconduct. Mr Wenn is independent, and he was quite clear about what he heard and the fact that Ms Wynyard in his words was “fired up”.
Ms Wynyard is a Licensed Trainer and as such is bound by the Rules of Racing. Furthermore, it is a play on words whether she said F you or F off, as we believe that the language which was directed at Ms Algar is well beyond what an Official should reasonably be expected to bear and therefore amounts to misconduct.
Penalty:
Ms Wynyard was fined $1200.
Facts:
This charge arises from an incident prior to the start of Race 7, the David and Karyn Ellis Fillies Classic (G2), when the field was being marshalled from the parade ring into the birdcage.
Chief Stipendiary Steward Mr Oatham filed an Information alleging that Licensed Trainer Ms Wynyard has misconducted herself by talking to a Stipendiary Steward in an inappropriate manner.
Rule 340 provides that:
A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Ms Wynyard was present at the hearing. She indicated on the Information that she admitted the breach and confirmed her admission to the Committee. However, when asked by the Committee Chair if she understood the nature of the charge, she advised that although she admits the breach, she disputes the words that were allegedly directed at the Stipendiary Steward. On that basis the Committee accepted Ms Wynyard’s guilty plea but sought formal proof from two witnesses who Stewards advised would prove the particulars of the charge.
Accordingly, evidence was heard from the Clerk of the Course Mr T Wenn and Stipendiary Steward Ms V Algar.
Evidence of Mr Wenn
Mr Wenn advised the Committee that whilst in his role as Clerk of the Course he was in the area where horses were being marshalled to bring them in to the parade ring then on to the birdcage. He said that he overheard Stipendiary Steward Ms Algar instructing Ms Wynyard to “get this horse into the birdcage”. He said that as a result Hollie (Ms Wynyard) got fired up and said, “you can go and get F…ked”. Mr Wenn said that in response Ms Algar questioned Ms Wynyard asking did you just tell me “to go and get f…ked”.
Mr Wenn reiterated that, that Ms Wynyard was fired up.
In response to a question from the Committee Mr Wenn confirmed the words used by Ms Wynyard.
Under cross examination from Ms Wynyard, she put it to Mr Wenn that the words she used were “F off”. She further stated that she directed worse words at Ms Algar; namely that “she was a little Hitler”. In reply Mr Wenn confirmed his earlier evidence in terms of what he believed was said.
Evidence of Ms Algar
Trainee Stipendiary Steward Ms Algar advised that part of her race day duties included checking horse in the parade ring and ensuring they moved into the birdcage. She said that in this regard she had just finished the plate inspection of horses in the parade and Ms Wynyard, was the last the bring her horse (KEY) into the ring. Ms Algar said she told Ms Wynyard to take her horse through into the birdcage. Ms Wynyard told her she was waiting for her jockey and would not go through into the birdcage. In doing so, it was Ms Algar’s evidence that Ms Wynyard directed the following comments at her; “F…. you and you are like Hitler”.
Evidence of Ms Wynyard
Ms Wynyard disputed the actual words used. She said that she did not recall using the words “F…. you”, but rather she said that her actual words were “F…. off …..you are a little Hitler”.
Ms Wynyard further stated that she believed an arrangement had been made with Stewards (by her co-trainer Mr Benner) concerning her horse. She said that she has previously had a ‘run in’ with Ms Algar, who she said is very vigilant and does not understand that it is not always “clear cut with horses”.
Ms Wynyard concluded her evidence by stating that never used the words “F…k you” but conceded that she said “F…. Off”.
Submissions for Penalty:
Mr Oatham submitted that contrary to Ms Wynyard’s evidence no special arrangements had been made for her horse in relation to the parade ring. He said that the only accommodation made by Stewards was for KEY to wear a blindfold when being placed into the barrier stalls. He said that Ms Algar’s actions were quite reasonable, and she was only doing her job. He said that in terms of the charge it does not matter what the exact words used were, whether they be F you or get F’ed.
Mr Oatham submitted that Ms Wynyard had breached the Misconduct Rule once previously, namely last June 2020 in relation to a trackwork incident. The matter was dealt with by way of NRI and Ms Wynyard was fined $1000 and ordered to participate in anger management counselling.
Mr Wynyard submitted that she completed the course but has yet to pay the fine (as she has not received an account). She said that it was a big race day, with high pressure. She said her filly had previously experienced problems at the barrier, and everything she said to Ms Algar was in the heat of the moment. She said she was now sorry about the way she spoke to Ms Algar.
Reasons for Penalty:
The JCA Penalty Guide does not specify a starting point for misconduct as a breach of this nature can cover a multitude of situations and penalties. Specific facts as well as factors concerning culpability and the personal circumstances of the Respondent need to be considered.
The Committee is appreciative of the fact that the words used by Ms Wynyard must be considered in light of the time, place, and context. Whilst the use of an occasional or one-off expletive may be acceptable in some settings and, in the heat of the moment; it can never be acceptable for a License Holder to direct such language at an Official (i.e., Stipendiary Steward) in the execution of their duty, in response to a directive, in a very public setting. Further, we understand that the language was overheard by at least two other persons who were in the vicinity. There may well have been others who overheard the language, and, in our view, this does not reflect well on both Ms Wynyard and on such a big occasion, notably Waikato RC’s premier meeting for the year.
There are several precedent cases of misconduct, but very few where language or behaviour has been directed at a Stipendiary Steward in the execution of their duty. We have taken cognisance of two most recent (Harness Racing) cases where abuse has been directed at Stewards; namely:
-RIU v Habraken (2020) – Misconducted himself by repeated use of obscene language directed at a Stipendiary Steward. Fined $1250.
-RIU v B Orange (2020) – Misconducted himself by repeatedly telling RIU staff to f… off when lawfully investigating a racing matter. Total fine imposed of $1000.
A distinguishing and aggravating factor when comparing this case to the above cases is that this is Ms Wynyard’s second breach of the Rule within the past 12 months. On this and the previous occasion she has directed unnecessary, inappropriate, and unacceptable language at Industry participants. Ms Wynyard advised the Committee that following the previous breach she has sought professional help. We encourage her to continue with this programme.
In the final analysis the penalty we impose must be proportionate and balanced to denounce misconduct of this nature and act as a deterrent. Therefore, we determine that a fine of $1200 is appropriate in the circumstances of this case.
JCA Decision Fields (raw)
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hearingid: 44121b6266032b02c6656a55f00d43a7
informantnumber: A14019
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 15/02/2021
hearing_title: Waikato RC 13 February 2021 - R 7 - Chair, Mr N McCutcheon
charge:
facts:
This charge arises from an incident prior to the start of Race 7, the David and Karyn Ellis Fillies Classic (G2), when the field was being marshalled from the parade ring into the birdcage.
Chief Stipendiary Steward Mr Oatham filed an Information alleging that Licensed Trainer Ms Wynyard has misconducted herself by talking to a Stipendiary Steward in an inappropriate manner.
Rule 340 provides that:
A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Ms Wynyard was present at the hearing. She indicated on the Information that she admitted the breach and confirmed her admission to the Committee. However, when asked by the Committee Chair if she understood the nature of the charge, she advised that although she admits the breach, she disputes the words that were allegedly directed at the Stipendiary Steward. On that basis the Committee accepted Ms Wynyard’s guilty plea but sought formal proof from two witnesses who Stewards advised would prove the particulars of the charge.
Accordingly, evidence was heard from the Clerk of the Course Mr T Wenn and Stipendiary Steward Ms V Algar.
Evidence of Mr Wenn
Mr Wenn advised the Committee that whilst in his role as Clerk of the Course he was in the area where horses were being marshalled to bring them in to the parade ring then on to the birdcage. He said that he overheard Stipendiary Steward Ms Algar instructing Ms Wynyard to “get this horse into the birdcage”. He said that as a result Hollie (Ms Wynyard) got fired up and said, “you can go and get F…ked”. Mr Wenn said that in response Ms Algar questioned Ms Wynyard asking did you just tell me “to go and get f…ked”.
Mr Wenn reiterated that, that Ms Wynyard was fired up.
In response to a question from the Committee Mr Wenn confirmed the words used by Ms Wynyard.
Under cross examination from Ms Wynyard, she put it to Mr Wenn that the words she used were “F off”. She further stated that she directed worse words at Ms Algar; namely that “she was a little Hitler”. In reply Mr Wenn confirmed his earlier evidence in terms of what he believed was said.
Evidence of Ms Algar
Trainee Stipendiary Steward Ms Algar advised that part of her race day duties included checking horse in the parade ring and ensuring they moved into the birdcage. She said that in this regard she had just finished the plate inspection of horses in the parade and Ms Wynyard, was the last the bring her horse (KEY) into the ring. Ms Algar said she told Ms Wynyard to take her horse through into the birdcage. Ms Wynyard told her she was waiting for her jockey and would not go through into the birdcage. In doing so, it was Ms Algar’s evidence that Ms Wynyard directed the following comments at her; “F…. you and you are like Hitler”.
Evidence of Ms Wynyard
Ms Wynyard disputed the actual words used. She said that she did not recall using the words “F…. you”, but rather she said that her actual words were “F…. off …..you are a little Hitler”.
Ms Wynyard further stated that she believed an arrangement had been made with Stewards (by her co-trainer Mr Benner) concerning her horse. She said that she has previously had a ‘run in’ with Ms Algar, who she said is very vigilant and does not understand that it is not always “clear cut with horses”.
Ms Wynyard concluded her evidence by stating that never used the words “F…k you” but conceded that she said “F…. Off”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Wynyard admitted the charge it was deemed to be proved. Additionally, the Committee is satisfied after hearing evidence from Mr Wenn, Ms Algar and Ms Wynyard that the language used, in the circumstances, does constitute misconduct. Mr Wenn is independent, and he was quite clear about what he heard and the fact that Ms Wynyard in his words was “fired up”.
Ms Wynyard is a Licensed Trainer and as such is bound by the Rules of Racing. Furthermore, it is a play on words whether she said F you or F off, as we believe that the language which was directed at Ms Algar is well beyond what an Official should reasonably be expected to bear and therefore amounts to misconduct.
sumissionsforpenalty:
Mr Oatham submitted that contrary to Ms Wynyard’s evidence no special arrangements had been made for her horse in relation to the parade ring. He said that the only accommodation made by Stewards was for KEY to wear a blindfold when being placed into the barrier stalls. He said that Ms Algar’s actions were quite reasonable, and she was only doing her job. He said that in terms of the charge it does not matter what the exact words used were, whether they be F you or get F’ed.
Mr Oatham submitted that Ms Wynyard had breached the Misconduct Rule once previously, namely last June 2020 in relation to a trackwork incident. The matter was dealt with by way of NRI and Ms Wynyard was fined $1000 and ordered to participate in anger management counselling.
Mr Wynyard submitted that she completed the course but has yet to pay the fine (as she has not received an account). She said that it was a big race day, with high pressure. She said her filly had previously experienced problems at the barrier, and everything she said to Ms Algar was in the heat of the moment. She said she was now sorry about the way she spoke to Ms Algar.
reasonsforpenalty:
The JCA Penalty Guide does not specify a starting point for misconduct as a breach of this nature can cover a multitude of situations and penalties. Specific facts as well as factors concerning culpability and the personal circumstances of the Respondent need to be considered.
The Committee is appreciative of the fact that the words used by Ms Wynyard must be considered in light of the time, place, and context. Whilst the use of an occasional or one-off expletive may be acceptable in some settings and, in the heat of the moment; it can never be acceptable for a License Holder to direct such language at an Official (i.e., Stipendiary Steward) in the execution of their duty, in response to a directive, in a very public setting. Further, we understand that the language was overheard by at least two other persons who were in the vicinity. There may well have been others who overheard the language, and, in our view, this does not reflect well on both Ms Wynyard and on such a big occasion, notably Waikato RC’s premier meeting for the year.
There are several precedent cases of misconduct, but very few where language or behaviour has been directed at a Stipendiary Steward in the execution of their duty. We have taken cognisance of two most recent (Harness Racing) cases where abuse has been directed at Stewards; namely:
-RIU v Habraken (2020) – Misconducted himself by repeated use of obscene language directed at a Stipendiary Steward. Fined $1250.
-RIU v B Orange (2020) – Misconducted himself by repeatedly telling RIU staff to f… off when lawfully investigating a racing matter. Total fine imposed of $1000.
A distinguishing and aggravating factor when comparing this case to the above cases is that this is Ms Wynyard’s second breach of the Rule within the past 12 months. On this and the previous occasion she has directed unnecessary, inappropriate, and unacceptable language at Industry participants. Ms Wynyard advised the Committee that following the previous breach she has sought professional help. We encourage her to continue with this programme.
In the final analysis the penalty we impose must be proportionate and balanced to denounce misconduct of this nature and act as a deterrent. Therefore, we determine that a fine of $1200 is appropriate in the circumstances of this case.
penalty:
Ms Wynyard was fined $1200.
hearing_type: Hearing
Rules: 340
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms H Wynyard - Licensed Trainer
Otherperson: Mr T Wenn - Clerk of the Course, Ms V Algar - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a88da08ef4ad9bbd23fc1a1f20fd91f
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race_title: R 7
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meetdate: 13/02/2021
meet_title: Waikato RC - 13 February 2021
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