RIU v J Adams – Request for a Ruling – Decision dated 14 December 2013

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decisiondate: 17/12/2013

hearing_title: RIU v J Adams - Request for a Ruling - Decision dated 14 December 2013

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RACEDAY JUDICIAL COMMITTEE DECISION

Request for a Ruling – Heard at Auckland RC 11 December 2013

Informant: Mr J Oatham – Senior Stipendiary Steward

Respondent: Mr J Adams - Licensed Rider

Information No: A2926

Meeting: Waikato RC

Date: 14 December 2013

Rule No: 330(2)

Judicial Committee: A Dooley, Chairman - A Godsalve, Committee Member

Persons Present:

Mr M Dillon – Mr Adams Manager

Miss P Kinsey – Registrar

Mr M Williamson – acting on behalf of Mr Oatham

Mr R James – Trainer of BELLAZEEL via mobile phone

Miss M Falconer – Trainer of BONINSKY via mobile phone

Charge

This hearing took place at Ellerslie races on the 11th of December prior to race 1.

The Informant, Mr Oatham, alleged that Trainer M Falconer believes she had an engagement for Mr J Adams to ride the horse BONINSKY in the Waikato Times Gold Cup (14.12.13) and a ruling is sought to determine this matter pursuant to Rule 330(2).

Miss Falconer and Mr James, Trainer of BELLAZEEL, both believed they had engaged Mr Adams to ride their respective horses on Saturday.

Rule 330(2) states: Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.

Mr Adams acknowledged that he understood the nature of the charge and the Rule.

Submissions for Decision

Mr Williamson, acting on behalf of Mr Oatham read aloud an email received from Mr G Harvey who, for a period time, was assisting Josh Adams obtain raceday rides.

Email commences:

On the 22nd of November, Josh Adams rode a Keeper - GINTAINE 3yo at the Cambridge jumpouts for trainer Margaret Falconer, afterwards myself, Josh and Margaret discussed the future plans for the Keeper and the possibility of Josh riding him.

23rd of November, Josh had his first raceday ride in New Zealand on SHARAKTI for Murray Baker and Andrew Forsman.

24th of November, Josh flew home to Sydney to ride one raceday for David Vandyke he returned the following day Monday the 25th of Nov.

On the 25th I sent through my Riders agent request to NZTR as well as signing and faxing the witness declaration for Josh Adams request by Alan Child.

On the 25th I received a phone call from Margaret Falconer asking if Josh could ride two for her at the Paeroa trials what we confirmed, we also discussed the possibility of Josh riding BONINSKY in his next start, what was to be the Waikato Times Gold Cup, she said she'll ask BONINSKY owners first before confirming. Josh was made aware of this, when I collected him from Hamilton Airport Monday night. When we got home from the Airport we watched the replay of BONINSKY run in the Counties Cup, Josh was super excited and hoped the owners would say yes.

On Friday the 29th of November I spoke with Margaret and Ritchie in person, who informed me the owner, was happy for Josh to ride BONINSKY in the Waikato Times Gold Cup and I confirmed the booking. I sent a txt message to Josh letting him know the good news.

I collected Josh from Matamata that night, where we spoke in the car regarding his day at Otaki and riding BONINSKY in the cup.

Once home we watched the replays of his rides on Phoenix Tycoon and Blizzard, as well as watching BONINSKY run in the Counties Cup again.

Saturday 30th of November at 11.46am I announced on my Twitter page

@adams92_josh is booked to ride #BONINSKY in the @Waikato Times Gold Cup @ Te Rapa Racing @Agent200

This was also retweeted by Aiden Rodley

Josh was well aware of this confirmed booking on BONINSKY and has been riding him in trackwork gallops since, when requested by Margaret Falconer.

From Tuesday the 19th of Nov till the Sunday the 1st of Dec I was helping Josh get raceday rides.

Confirmed raceday rides I booked for Josh.

23/11 Race 4 Sharakti

28/11 Race 5 Bachata (scratched) Race 6 Direct Line

29/11 Race 3 Phoenix Tycoon, Race 8 Blizzard

30/11 Race 5 Volksbelle, Race 6 Enlightned Knight,

2/12 Race 2 Sir Lovesalot

4/12 Race 1 Coachella (scratched) Race 5 Yuleanne Race 6 Bachata (scratched)

5/12 Race 1 Bachata (races abandoned)

7/12 Race 4 Mitcham Race 5 Cape Mapperley Race 6 Hot in Pink

14/12 Race 7 Boninsky

Email ends

Mr Adams in response to Mr Harvey’s email confirmed he was helping him to obtain rides. Mr Adams acknowledged he had ridden BONINSKY in trackwork and he did not challenge Mr Harvey’s evidence regarding the text and tweet messages. Mr Adams was of the view the ride on BONINSKY was available to him but he did not believe he was confirmed as the rider.

Miss Falconer submitted she agreed with the contents of Mr Harvey’s email. She stated Mr Adams had galloped BONINSKY twice, and added, as a trainer she only used jockeys to gallop their horses if that jockey was riding them on raceday. Miss Falconer confirmed Mr Adams galloped BONINSKY on the 7th of December and afterwards he reaffirmed that he would ride BONINSKY on the 14th.

Mr James submitted he contacted Mr Dillon on the 8th of December for Mr Adams to ride BELLAZEEL in the Waikato Cup. Mr James added he was aware that Mr Adams had been riding BONINSKY in trackwork for Miss Falconer.

In summing up Mr Adams stated he had no problem riding either horse. He apologised for the confusion and added he was under the assumption he had not been confirmed as BONINSKY’s rider.

In summing up, Mr Dillon stated he had received a message from Mr James on the 8th of December and confirmed to him that Mr Adams would ride BELLAZEEL on Saturday. On Tuesday the 10th of December Miss Falconer had rung him to state that she had already engaged Mr Adams to ride BONINSKY.

Mr Williamson, on behalf of Mr Oatham, submitted at the time this dispute arose Mr Harvey and Mr Dillon were not licensed by NZTR to accept rides on behalf of jockeys. Mr Williamson said it was clear after Mr Adams rode BONINSKY in a track gallop on the 7th of December he had confirmed with Miss Falconer he would ride BONINSKY in the Cup. He noted Mr Dillon confirmed the engagement for BELLAZEEL on the 8th of December.

Reasons for Decision

The Committee carefully considered all the evidence and submissions presented. The collective weight of evidence supports the notion that the first engagement was for BONINSKY. We are satisfied Miss Falconer made the initial contact on the 29th of November with Mr Harvey regarding the ride on BONINSKY. This engagement was followed up by Mr Adams riding BONINSKY in track work on several occasions including the 7th of December. Miss Falconer maintained contact regarding the engagement through to nomination day. All the indications she had received were that Mr Adams was to ride BONINSKY on Saturday.

We are of the view this position has arisen because Mr Adams changed his manager and he failed to advise Mr Dillon of the prior engagement made with Miss Falconer and Mr Harvey.

Mr Dillon advised the Committee that he commenced as Mr Adam's manager last weekend. Mr Dillon advised us he accepted the ride on BELLAZEEL on the 8th of December.

The Committee notes that there is no fault to be attached to Miss Falconer or Mr James.

In conclusion the Committee voiced its disappointment to the parties concerned that this dispute had arisen especially in a Group 3 race with a stake of a $100,000. It highlights the importance of clear communication to avoid any misunderstandings such as this which inconveniences connections.

Decision(s):

Accordingly after taking all the facts listed above into account we order Mr Adams to ride BONINSKY in the Waikato Times Gold Cup.

A Dooley                A Godsalve

Chairman               Committee Member

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