Levin RC – 20 December 2007 –

hearingid: 7b140b83971f1b7a8643329044aa8eab

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startdate: 20/12/2007

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hearing_title: Levin RC - 20 December 2007 -

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Following race 9, an information was filed pursuant to Rule 304 where it was alleged that jockey J Waddell used offensive language towards the Clerk of the Course following the running of race 9.

Following race 9, an information was filed pursuant to Rule 304 where it was alleged that jockey J Waddell used offensive language towards the Clerk of the Course following the running of race 9.

Mr Waddell appeared before the committee and the breach was admitted.

Prior to considering penalty the committee asked Mr Goodwin to outline the sequence of events that led to the laying of the information. He said that the Clerk of the Course had advised the Stipendiary Stewards that on returning to the birdcage Mr Waddell (who had ridden the winner of the race) was agitated and wanted to immediately enter the birdcage and complete his weighing in procedures. The Clerk of the Course did not open the gate because it is the practice that jockeys returning to scale do not enter the birdcage until the judge has announced placing’s for the race. Mr Goodwin said Mr Waddell was "hot under the collar" and used offensive language towards the Clerk of the Course.

Mr Waddell confirmed that version of events described by Mr Goodwin was correct. He said he was riding 1 kg below his normal riding weight, that it had been a long day and that he wanted to get weighed in as quickly as possible. He added that he knew that as soon as he said what he had that it was wrong. He further added that he blamed his outburst on feeling dehydrated and also because he was having to deal with a number of personal issues in his life at this point in time. He reiterated that he regretted his actions and was very sorry for what he said.

Mr Goodwin said that he thought the offence was at the lower end of the scale. He accepted that Mr Waddell was trying to cope with additional pressures in his life and commended him for his honesty in admitting that his behaviour towards the Clerk of the Course was unacceptable. He said he would be recommending a fine in the region of $200.

The charge of using offensive language is not a light one and under no circumstances can the use of such language to any race day official be considered acceptable, and although the outburst was of a very short duration it was nevertheless offensive.

The committee acknowledges however the genuine remorse shown by Mr Waddell, as well as the other factors such as him being dehydrated and having to deal with some additional personal pressures at this point in his life. We also accept that the outburst was completely out of character.

We also consider the gravity of the offending to be at the lower end of the scale.

After taking all factors into account we believe that the correct penalty in this case is a modest penalty and accordingly we find that Mr Waddell be fined the sum of $200

RLH Neal,                                        P Williams

Chairman.                                         Member

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