Adjourned Hearing RIU v A Q Ihaka 7 October 2013 – Decision dated 14 October 2013
ID: JCA21678
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Avondale JC - 2 August 2013
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2013/08/02
Race Number:
R 5
Decision:
BEFORE A JUDICIAL COMMITTEE HELD AT Avondale Racecourse
IN THE MATTER of Thoroughbred New Zealand Rules of Racing
BETWEEN The Racing Integrity Unit (RIU), R Carmichael
Informant
AND
Mr A Ihaka
Defendant
Rules: 340 and 802 (1) (a)
Information Numbers: A2856 (Misconduct) - A2764 (Contravenes Instruction of Steward)
Judicial Committee: Mr A Dooley – Chairman and Mr A Godsalve – Committee Member
Venue: Avondale Racecourse
Present: Mr Carmichael (RIU Investigator), Mr A Ihaka (Class D Rider) Mr WS Clotworthy (Licensed Trainer representing Mr Ihaka)
Date of Hearing: 7 October 2013
Date of Reserved Decision: 14 October 2013
The Charges:
Two Informations have been filed by the Racing Integrity Unit (RIU) against Mr A Ihaka (the “Defendant”). Information, number A2856 alleges misconduct and Information number A2764 alleges a contravention of an instruction given to the Defendant by a Stipendiary Steward. Both charges arise from a race meeting conducted at Avondale Jockey Club on 2 August 2013. Information number A2764 was filed on the day by Stipendiary Steward Mr A Coles. The hearing was opened and adjourned by the Judicial Committee on the day because Mr Ihaka had left the course. Information number A2856 was filed by RIU Chief Racecourse Inspector Mr R Carmichael after having been approved to do so pursuant to Rule 903(2)(d). Mr Carmichael appeared at the hearing on behalf of the RIU.
The charges allege that:
Information A2856
“On the 2nd day of August 2013 at Avondale Racecourse, Antonia Quinton (Tony) Ihaka being the holder of a Class D Jumps licence, committed a breach of Rule 340 of the Rules of Racing, in that during an investigation by the Stewards into events during the running of race five you did misconduct yourself by your aggressive and threatening behaviour towards the Steward; and that you are therefore liable to the penalty or penalties that may be imposed on you pursuant to Rule 803 (1) of the Rules of Racing”.
Information A2764
“You did act in contravention of an instruction given by a Stipendiary Steward that you were required to report to the Judicial Room prior to leaving the racecourse”.
Mr Ihaka was present at the hearing and was represented by Mr Clotworthy. At the beginning of the hearing the charge was put to Mr Ihaka who acknowledged its nature and substance. He advised the Committee that he admitted the breach. He also confirmed that relevant documents had been disclosed to him. Mr Ihaka said he accepted the contents of the documents and consented to the contents being admitted as evidence. Mr Clotworthy was also agreeable for the documents to be admitted as evidence. The Committee provided an outline of the proposed procedure for the conduct of the hearing to the Informant and Defendant. Neither raised any objections or concerns.
The Rules:
The New Zealand Thoroughbred Rules (NZTR) relevant to these charges are set out in Rules 340, 802(1) (a) and Rule 803 which sets out the pertinent General Penalty provisions. The Rules provide that:
Rule 340 A Licensed Person........must not misconduct himself in any matter relating to the conduct of Races or racing.
Rule 802(1)(a) A person commits a breach of these rules who acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given made or imposed under these Rules
Rule 803 (1) A person who commits a breach these rules shall by liable to:
(a) be disqualified for a period not exceeding 12 months; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(c) a fine not exceeding $25,000.
Plea:
Both charges were admitted and are therefore proved.
Summary of Facts on behalf of the Informant:
Information Number A2764 was filed by the Stewards during the course of the race meeting at Avondale on 2 August 2013.
Information Number A2856 was filed subsequent to the 2 August 2013, with the appropriate authority of the General Manager (RIU) in accordance with Rule 903 (2) (d) of the Rules of Racing. A copy of that authority was produced.
The Information was served on Mr Ihaka on 5 September 2013.
SUMMARY:
1. Antonia Quinton (Tony) Ihaka is a Licensed Class D (Jumps) Rider.
2. On 2 August 2013 he was engaged to ride at a race meeting conducted by the Avondale Jockey Club at Avondale Racecourse.
3. An investigation was conducted by the Stewards into the running of Race 5 at that meeting. As a consequence a number of Riders, including Mr Ihaka, were called to the Judicial Room. Mr Ihaka was questioned primarily as a witness and a Rider whose chances may have been affected by the race incident.
4. During the course of the investigation Mr Ihaka became agitated and made a comment to the effect that the Stewards did not know what they were doing. He then interrupted the Stewards during questioning of other Riders, continuing to say in a loud and aggressive manner that the Stewards did not know what they were doing.
5. He was advised by the Stewards that he should go and get changed and when he had calmed down he was to return to the Judicial Room.
6. He then walked towards the door, obviously intent on leaving. As he was leaving he turned and directed a comment to the Stewards that “it’s a dangerous place out there on the streets”.
7. He failed to obey the instruction by the Stewards that he was to return before he left the racecourse. Inquiries confirmed that he left the racecourse shortly after leaving the Judicial Room.
8. Written statements have been provided by Stewards Alan Coles and Matthew Williamson. There is also a statement made by the race day stenographer Ms Mary Gemmell. These statements are produced.
9. a. Mr Williamson’s statement:
Avondale Jockey Club – 2 August 2013
Present: Stewards A Coles (Chairman), J Oatham, M Williamson, Stenographer M Gemmell
Jockeys: M Mitchell, M Cropp, A Ihaka
Following the running of Race 5, The Takanini Feeds 2100 three jockeys were requested to attend an inquiry following an incident early in the home straight, the jockeys being M Mitchell, M Cropp and A Ihaka. Mr A Coles was acting Chairman for the day and proceeded to investigate an incident, questioning jockeys for their view of events with regard to a particular incident. Soon after the inquiry had commenced A Ihaka interrupted Mr Coles when he was showing footage, and commenced to give his thoughts on the way the Stewards were conducting the inquiry, telling Stewards at that time “that we didn’t know what we were doing and he shouldn’t be in here”. It must be noted A Ihaka was only before the Stewards to give evidence in relation to the incident and was not facing a charge of any description as he had not breached the rules with regard to this incident.
The inquiry continued and again Mr A Coles was interrupted when attempting to question the other riders. Mr A Ihaka was particularly aggressive in his manner, again telling the Stewards “that we didn’t know what we were doing”.
Mr Ihaka then turned to myself and asked me why I had shaken my head and I replied words to the effect of “because of your conduct”.
Mr J Oatham then tried to calm Mr Ihaka with Mr Ihaka being told the Stewards were only inquiring into an incident in which Mr Ihaka replied in an aggressive manner to Mr Oatham, again “the Stewards didn’t know what we were doing” to which Mr Oatham asked A Ihaka to leave the room and we would talk to him when he had calmed down, further advising Mr Ihaka not to leave the Course until he had reported back to the Stewards. When Mr Ihaka was leaving the room he again aggressively told the Stewards what he thought of the situation and when he was walking out the door he stopped, turned and directed a comment to the Stewards “it’s a dangerous place out there on the streets”, or words to that effect.
In my opinion A Ihaka’s conduct fell well short of what could be expected from a professional and the comment made as he was leaving was both threatening and aggressive.
9 b. Mr Coles’ statement:
Present: Stewards - A Coles (Chairman), J Oatham, M Williamson, Stenographer M Gemmell
Jockeys - M Mitchell, M Cropp, A Ihaka
Referring to an incident into Race 5, the Takanini Feeds 2100, as I was the acting Chairman of the race meeting in question I asked Stipendiary Steward J Oatham to get me Riders M Cropp, M Mitchell and A Ihaka from the Jockeys’ Room to attend the Judicial Room re questioning over an incident near the 400 metres in which BEAU RANSOM (M Cropp) received crowding losing ground between REGALO REAAL (A Ihaka) and CURRENCY SPIKE (M Mitchell). After hearing evidence from firstly M Cropp, then A Ihaka and lastly M Mitchell I proceeded to then show the videos that were available and then again asked each individual rider if they had any further submissions to make before asking them to leave the room while the Stewards conferred over the incident.
Just prior to that Mr Ihaka in a raised voice made a comment that the Stewards “didn’t know what they were doing”. I then asked Mr Ihaka to be quiet and direct any comments over the incident to the Stewards. He then stood up and started to walk towards the door, stopping and for some time directed verbal comments to both Mr Williamson and Mr Oatham who were sitting a short distance away from where I was seated. This continued for some time until I clearly heard Mr Oatham ask Mr Ihaka to leave the room and when he had calmed down to make sure that he came back to see the Stewards prior to leaving the Course.
Mr Ihaka failed to return to the Judicial Room. Mr Williamson then went to find Mr Ihaka which was to no avail.
9 c. Ms Gemmell’s statement:
I was present in the Judicial Room at Avondale when 3 jockeys were questioned over an incident in Race 5, the Takanini Feeds 2100.
When A Ihaka was questioned he became aggressive towards the Stipendiary Stewards who repeatedly tried to calm him down so that the questioning could continue.
In my 39 years working in the Judicial Room as a Stenographer I have never experienced such a situation. Mr Ihaka had no respect for the Stewards as his manner was both extremely aggressive and threatening and his voice was raised to the point where I found the situation to be frightening.
10. There are two matters for consideration by the Judicial Committee. These being:
11. That during the course of the investigation properly conducted by the Stewards, Mr Ihaka was unnecessarily aggressive and when leaving made what the Informant submits was a threat to the Stewards; and
12. He then failed to obey a legitimate instruction by the Stewards that he was to return to the Judicial Room when he had calmed down.
13. It is submitted that his conduct was well below what is expected of a relatively senior Rider. It was also completely unnecessary.
Summary of Facts on behalf of the Defendant:
Mr Ihaka was present at the hearing and assisted by Mr WS Clotworthy. Mr Ihaka admitted both breaches and endorsed the Informations accordingly.
Mr Clotworthy on behalf of Mr Ihaka told the Committee that while Mr Ihaka had admitted both charges there was one issue that he would like to raise. He said that the comments Mr Ihaka made at the time had in his opinion been misinterpreted. In the summary provided by Mr Carmichael (paragraph 6) references made to a statement by Mr Ihaka that “it’s a dangerous place out there on the streets”. Mr Clotworthy pointed out to the Committee that the term “dangerous' as used by Mr Ihaka was a reference to “danger on a racetrack”, and that Mr Ihaka had not intended this statement to be taken as a threat to anyone present in the Judicial room.
Mr Ihaka told the Committee that he didn't mean to threaten anyone but he sometimes “lets his mouth go”. He added that he has subsequently apologised personally to each of the Stipendiary Stewards.
In response to questions from the Committee, Mr Ihaka acknowledged that his behaviour during the investigation into the race concerned could be termed aggressive and flamboyant. He further stated that he did raise his voice and interrupted Stewards on more than one occasion. Mr Ihaka confirmed that Mr Oatham had told him not to leave the course without first reporting to the Judicial Room. He admitted to the Committee that he left the course without complying with Mr Oatham's instructions. When asked by the Committee, Mr Ihaka told us that he left the course because he was still “pumped up” over the incident in the Judicial Room.
Mr Ihaka added that the “silly thing” about this whole incident was that he was present in the Judicial Room as a possible witness and that the Stewards’ were only attempting to identify whether any breaches of the Rules had occurred.
Penalty Submissions – Informant:
Because of the matters referred to in Para’s 11, 12 and 13 hereof, the Stewards submit that the suspension of Mr Ihaka’s Rider license is warranted. Mr Ihaka has appeared before Judicial Committees in similar circumstances. A copy of his history sheet is produced.
Mr Ihaka Rider Offence Listing:
Ellerslie 6/9/2008, $500 fine imposed when he failed to obey a direction of a Stipendiary Steward.
Ellerslie 6/9/2008, Mr Ihaka was suspended for 3 weeks for having in his possession an incorrect safety vest.
Racing Rotorua 21/8/2009, $500 fine imposed when he used offensive, insulting and obscene language in the weigh–in areas.
4/8/2010, Mr Ihaka was disqualified for 18 months as a result of a positive drug test.
14/5/2012, Mr Ihaka was fined $350 when he acted in contravention to policy, notice, direction, instruction, guideline or requirement.
8/11/2012, Mr Ihaka was convicted of misleading Stipendiary Stewards and was suspended up to and including 30/5/2013.
Mr Carmichael was able to provide the Committee with Mr Ihaka's recent rides. This showed in 2012 he had a total of 38 rides in highweight and Jump races and in 2013 he had a total of 18 rides in highweight and Jump races.
The penalty sought by the Stewards is nine months suspension of his Rider license. Suspension would of course allow him to continue employment in a stable and to continue riding trackwork. This is his only source of income.
In effect, given that he is a Jumps Rider and those races are over for the year, his race day riding is suspended for two months.
Penalty Submissions – Defendant:
Mr Clotworthy referred the Committee to the recent decision in RIU v M. He advised the Committee that there were originally 33 Informations laid but the RIU agreed to accept admitted pleas on 3 clearly representative charges and fines of $350 were imposed on each of these charges. He pointed out that the RIU in that case submitted that a fine of $200 was appropriate on each of those charges.
Mr Clotworthy referred the Committee to a further recent decision RIU v P where the Defendant's penalty was $850 for using foul and abusive language.
Mr Ihaka advised the Committee that he stood himself down from race riding after the 2nd of August 2013 because he believed his attitude was not good enough to be in the public arena. Mr Ihaka advised us that he resumed riding on Jumps day at Te Rapa on the 30th September 2013. Mr Ihaka informed us that he had 5 rides and believed he finished the season on a good note and the Stewards had no issues with his demeanour.
Mr Clotworthy highlighted to the Committee and asked us to take into account that Jumps Riders align themselves with promising horses early in the season. He added that if Mr Ihaka was to receive a penalty in line with the Stewards' submissions it may have an impact on his mounts for the remainder of the next season.
Mr Ihaka advised the Committee that his financial position was marginal and both he and Mr Clotworthy recognised a suspension was inevitable given his record.
Mr Clotworthy submitted that Mr Ihaka had stood himself down because he was not happy with his own general attitude. He added that Mr Ihaka understood that there had to be a penalty for his behaviour however, Mr Ihaka was hoping for a lesser term than the one submitted by the RIU.
Reasons for Penalty:
Having heard submissions as to penalty the Committee determined that further information was required. This was in relation to the next year race meetings in which Jump Riders were eligible to ride in and we also requested Mr Ihaka's recent riding record. This information was required by the Committee before would could determine an appropriate penalty. Accordingly, the Committee reserved its decision.
The Committee received the required dates on October 12 and carefully considered all of the evidence and submissions presented.
Our view on the Misconduct Rule is that there is a high expectation that license holders will conduct themselves in a professional and responsible manner, particularly during the course of the investigations completed by Stipendiary Stewards.
The only mitigating fact is Mr Ihaka's admission of the breach albeit it was inevitable.
The aggravating facts are numerous and are listed below.
Mr Ihaka's record of offences in failing to comply with the Rules of Racing is very poor.
We have serious concerns that Mr Ihaka's previous penalties are not acting as a deterrent and his behaviour on August 2nd was inexcusable and disrespectful towards the Stewards. The seriousness of this misconduct charge is clearly demonstrated in the statement given by Ms Gemmell (9 c). The Committee believes this breach to be in the high range of seriousness.
Mr Ihaka’s unprofessional behaviour as a license holder is clearly unacceptable.
This Committee does not condone Mr Ihaka's actions or words in any way whatsoever.
If Mr Ihaka had been cooperative and listened to the Stipendiary Stewards during the course of a routine investigation then these breaches may never have happened.
The Committee did consider the submissions from Mr Clotworthy regarding two recent misconduct charges RIU v M and RIU v P. The circumstances surrounding this case are in our view different to the cases submitted by Mr Clotworthy.
We referred to the JCA penalty guide under these Rules and they recommended an appropriate penalty is fact dependant.
The Committee did have regard for the fact that Highweight and Jump Riders have limited riding opportunities and note the season is not expected to commence until April 2014.
We verified that in 2012 Mr Ihaka did ride at the Riverton Jumps race meeting.
We note that Mr Ihaka stood himself down for a 7 week period acknowledging that his attitude was not good enough to be in the public arena.
It is our view after taking into account all of the above factors these breaches can be appropriately dealt with by way of a fine and a suspension. We found Mr Ihaka’s breach on 14.5.2012 the most relevant when determining the contravention penalty.
Penalty:
The RIU were unable to provide the Committee with a definitive 2014 Jumping Season programme but as a guidance provided us with the 2013 Jumping Season and Highweight dates.
In relation to the charge against Mr Ihaka that he acted in contravention to an instruction given by a Stipendiary Steward we impose a $400 fine.
In relation to the misconduct charge we impose a suspension on Mr Ihaka which will commence on 14 October 2013 and conclude after racing on the 4th of June 2014. This is in effect approximately 6 weeks for Jump Riders.
This equates to an estimated 8 North Island Highweight race days and 10 New Zealand wide Jump days, subject to programming.
Costs:
The RIU made no application for costs.
This matter was heard on a raceday and as such the JCA are not seeking costs.
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: a5a5d029aeaf0d34cb864594d83347ff
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 02/08/2013
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Adjourned Hearing RIU v A Q Ihaka 7 October 2013 - Decision dated 14 October 2013
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
BEFORE A JUDICIAL COMMITTEE HELD AT Avondale Racecourse
IN THE MATTER of Thoroughbred New Zealand Rules of Racing
BETWEEN The Racing Integrity Unit (RIU), R Carmichael
Informant
AND
Mr A Ihaka
Defendant
Rules: 340 and 802 (1) (a)
Information Numbers: A2856 (Misconduct) - A2764 (Contravenes Instruction of Steward)
Judicial Committee: Mr A Dooley – Chairman and Mr A Godsalve – Committee Member
Venue: Avondale Racecourse
Present: Mr Carmichael (RIU Investigator), Mr A Ihaka (Class D Rider) Mr WS Clotworthy (Licensed Trainer representing Mr Ihaka)
Date of Hearing: 7 October 2013
Date of Reserved Decision: 14 October 2013
The Charges:
Two Informations have been filed by the Racing Integrity Unit (RIU) against Mr A Ihaka (the “Defendant”). Information, number A2856 alleges misconduct and Information number A2764 alleges a contravention of an instruction given to the Defendant by a Stipendiary Steward. Both charges arise from a race meeting conducted at Avondale Jockey Club on 2 August 2013. Information number A2764 was filed on the day by Stipendiary Steward Mr A Coles. The hearing was opened and adjourned by the Judicial Committee on the day because Mr Ihaka had left the course. Information number A2856 was filed by RIU Chief Racecourse Inspector Mr R Carmichael after having been approved to do so pursuant to Rule 903(2)(d). Mr Carmichael appeared at the hearing on behalf of the RIU.
The charges allege that:
Information A2856
“On the 2nd day of August 2013 at Avondale Racecourse, Antonia Quinton (Tony) Ihaka being the holder of a Class D Jumps licence, committed a breach of Rule 340 of the Rules of Racing, in that during an investigation by the Stewards into events during the running of race five you did misconduct yourself by your aggressive and threatening behaviour towards the Steward; and that you are therefore liable to the penalty or penalties that may be imposed on you pursuant to Rule 803 (1) of the Rules of Racing”.
Information A2764
“You did act in contravention of an instruction given by a Stipendiary Steward that you were required to report to the Judicial Room prior to leaving the racecourse”.
Mr Ihaka was present at the hearing and was represented by Mr Clotworthy. At the beginning of the hearing the charge was put to Mr Ihaka who acknowledged its nature and substance. He advised the Committee that he admitted the breach. He also confirmed that relevant documents had been disclosed to him. Mr Ihaka said he accepted the contents of the documents and consented to the contents being admitted as evidence. Mr Clotworthy was also agreeable for the documents to be admitted as evidence. The Committee provided an outline of the proposed procedure for the conduct of the hearing to the Informant and Defendant. Neither raised any objections or concerns.
The Rules:
The New Zealand Thoroughbred Rules (NZTR) relevant to these charges are set out in Rules 340, 802(1) (a) and Rule 803 which sets out the pertinent General Penalty provisions. The Rules provide that:
Rule 340 A Licensed Person........must not misconduct himself in any matter relating to the conduct of Races or racing.
Rule 802(1)(a) A person commits a breach of these rules who acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given made or imposed under these Rules
Rule 803 (1) A person who commits a breach these rules shall by liable to:
(a) be disqualified for a period not exceeding 12 months; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(c) a fine not exceeding $25,000.
Plea:
Both charges were admitted and are therefore proved.
Summary of Facts on behalf of the Informant:
Information Number A2764 was filed by the Stewards during the course of the race meeting at Avondale on 2 August 2013.
Information Number A2856 was filed subsequent to the 2 August 2013, with the appropriate authority of the General Manager (RIU) in accordance with Rule 903 (2) (d) of the Rules of Racing. A copy of that authority was produced.
The Information was served on Mr Ihaka on 5 September 2013.
SUMMARY:
1. Antonia Quinton (Tony) Ihaka is a Licensed Class D (Jumps) Rider.
2. On 2 August 2013 he was engaged to ride at a race meeting conducted by the Avondale Jockey Club at Avondale Racecourse.
3. An investigation was conducted by the Stewards into the running of Race 5 at that meeting. As a consequence a number of Riders, including Mr Ihaka, were called to the Judicial Room. Mr Ihaka was questioned primarily as a witness and a Rider whose chances may have been affected by the race incident.
4. During the course of the investigation Mr Ihaka became agitated and made a comment to the effect that the Stewards did not know what they were doing. He then interrupted the Stewards during questioning of other Riders, continuing to say in a loud and aggressive manner that the Stewards did not know what they were doing.
5. He was advised by the Stewards that he should go and get changed and when he had calmed down he was to return to the Judicial Room.
6. He then walked towards the door, obviously intent on leaving. As he was leaving he turned and directed a comment to the Stewards that “it’s a dangerous place out there on the streets”.
7. He failed to obey the instruction by the Stewards that he was to return before he left the racecourse. Inquiries confirmed that he left the racecourse shortly after leaving the Judicial Room.
8. Written statements have been provided by Stewards Alan Coles and Matthew Williamson. There is also a statement made by the race day stenographer Ms Mary Gemmell. These statements are produced.
9. a. Mr Williamson’s statement:
Avondale Jockey Club – 2 August 2013
Present: Stewards A Coles (Chairman), J Oatham, M Williamson, Stenographer M Gemmell
Jockeys: M Mitchell, M Cropp, A Ihaka
Following the running of Race 5, The Takanini Feeds 2100 three jockeys were requested to attend an inquiry following an incident early in the home straight, the jockeys being M Mitchell, M Cropp and A Ihaka. Mr A Coles was acting Chairman for the day and proceeded to investigate an incident, questioning jockeys for their view of events with regard to a particular incident. Soon after the inquiry had commenced A Ihaka interrupted Mr Coles when he was showing footage, and commenced to give his thoughts on the way the Stewards were conducting the inquiry, telling Stewards at that time “that we didn’t know what we were doing and he shouldn’t be in here”. It must be noted A Ihaka was only before the Stewards to give evidence in relation to the incident and was not facing a charge of any description as he had not breached the rules with regard to this incident.
The inquiry continued and again Mr A Coles was interrupted when attempting to question the other riders. Mr A Ihaka was particularly aggressive in his manner, again telling the Stewards “that we didn’t know what we were doing”.
Mr Ihaka then turned to myself and asked me why I had shaken my head and I replied words to the effect of “because of your conduct”.
Mr J Oatham then tried to calm Mr Ihaka with Mr Ihaka being told the Stewards were only inquiring into an incident in which Mr Ihaka replied in an aggressive manner to Mr Oatham, again “the Stewards didn’t know what we were doing” to which Mr Oatham asked A Ihaka to leave the room and we would talk to him when he had calmed down, further advising Mr Ihaka not to leave the Course until he had reported back to the Stewards. When Mr Ihaka was leaving the room he again aggressively told the Stewards what he thought of the situation and when he was walking out the door he stopped, turned and directed a comment to the Stewards “it’s a dangerous place out there on the streets”, or words to that effect.
In my opinion A Ihaka’s conduct fell well short of what could be expected from a professional and the comment made as he was leaving was both threatening and aggressive.
9 b. Mr Coles’ statement:
Present: Stewards - A Coles (Chairman), J Oatham, M Williamson, Stenographer M Gemmell
Jockeys - M Mitchell, M Cropp, A Ihaka
Referring to an incident into Race 5, the Takanini Feeds 2100, as I was the acting Chairman of the race meeting in question I asked Stipendiary Steward J Oatham to get me Riders M Cropp, M Mitchell and A Ihaka from the Jockeys’ Room to attend the Judicial Room re questioning over an incident near the 400 metres in which BEAU RANSOM (M Cropp) received crowding losing ground between REGALO REAAL (A Ihaka) and CURRENCY SPIKE (M Mitchell). After hearing evidence from firstly M Cropp, then A Ihaka and lastly M Mitchell I proceeded to then show the videos that were available and then again asked each individual rider if they had any further submissions to make before asking them to leave the room while the Stewards conferred over the incident.
Just prior to that Mr Ihaka in a raised voice made a comment that the Stewards “didn’t know what they were doing”. I then asked Mr Ihaka to be quiet and direct any comments over the incident to the Stewards. He then stood up and started to walk towards the door, stopping and for some time directed verbal comments to both Mr Williamson and Mr Oatham who were sitting a short distance away from where I was seated. This continued for some time until I clearly heard Mr Oatham ask Mr Ihaka to leave the room and when he had calmed down to make sure that he came back to see the Stewards prior to leaving the Course.
Mr Ihaka failed to return to the Judicial Room. Mr Williamson then went to find Mr Ihaka which was to no avail.
9 c. Ms Gemmell’s statement:
I was present in the Judicial Room at Avondale when 3 jockeys were questioned over an incident in Race 5, the Takanini Feeds 2100.
When A Ihaka was questioned he became aggressive towards the Stipendiary Stewards who repeatedly tried to calm him down so that the questioning could continue.
In my 39 years working in the Judicial Room as a Stenographer I have never experienced such a situation. Mr Ihaka had no respect for the Stewards as his manner was both extremely aggressive and threatening and his voice was raised to the point where I found the situation to be frightening.
10. There are two matters for consideration by the Judicial Committee. These being:
11. That during the course of the investigation properly conducted by the Stewards, Mr Ihaka was unnecessarily aggressive and when leaving made what the Informant submits was a threat to the Stewards; and
12. He then failed to obey a legitimate instruction by the Stewards that he was to return to the Judicial Room when he had calmed down.
13. It is submitted that his conduct was well below what is expected of a relatively senior Rider. It was also completely unnecessary.
Summary of Facts on behalf of the Defendant:
Mr Ihaka was present at the hearing and assisted by Mr WS Clotworthy. Mr Ihaka admitted both breaches and endorsed the Informations accordingly.
Mr Clotworthy on behalf of Mr Ihaka told the Committee that while Mr Ihaka had admitted both charges there was one issue that he would like to raise. He said that the comments Mr Ihaka made at the time had in his opinion been misinterpreted. In the summary provided by Mr Carmichael (paragraph 6) references made to a statement by Mr Ihaka that “it’s a dangerous place out there on the streets”. Mr Clotworthy pointed out to the Committee that the term “dangerous' as used by Mr Ihaka was a reference to “danger on a racetrack”, and that Mr Ihaka had not intended this statement to be taken as a threat to anyone present in the Judicial room.
Mr Ihaka told the Committee that he didn't mean to threaten anyone but he sometimes “lets his mouth go”. He added that he has subsequently apologised personally to each of the Stipendiary Stewards.
In response to questions from the Committee, Mr Ihaka acknowledged that his behaviour during the investigation into the race concerned could be termed aggressive and flamboyant. He further stated that he did raise his voice and interrupted Stewards on more than one occasion. Mr Ihaka confirmed that Mr Oatham had told him not to leave the course without first reporting to the Judicial Room. He admitted to the Committee that he left the course without complying with Mr Oatham's instructions. When asked by the Committee, Mr Ihaka told us that he left the course because he was still “pumped up” over the incident in the Judicial Room.
Mr Ihaka added that the “silly thing” about this whole incident was that he was present in the Judicial Room as a possible witness and that the Stewards’ were only attempting to identify whether any breaches of the Rules had occurred.
Penalty Submissions – Informant:
Because of the matters referred to in Para’s 11, 12 and 13 hereof, the Stewards submit that the suspension of Mr Ihaka’s Rider license is warranted. Mr Ihaka has appeared before Judicial Committees in similar circumstances. A copy of his history sheet is produced.
Mr Ihaka Rider Offence Listing:
Ellerslie 6/9/2008, $500 fine imposed when he failed to obey a direction of a Stipendiary Steward.
Ellerslie 6/9/2008, Mr Ihaka was suspended for 3 weeks for having in his possession an incorrect safety vest.
Racing Rotorua 21/8/2009, $500 fine imposed when he used offensive, insulting and obscene language in the weigh–in areas.
4/8/2010, Mr Ihaka was disqualified for 18 months as a result of a positive drug test.
14/5/2012, Mr Ihaka was fined $350 when he acted in contravention to policy, notice, direction, instruction, guideline or requirement.
8/11/2012, Mr Ihaka was convicted of misleading Stipendiary Stewards and was suspended up to and including 30/5/2013.
Mr Carmichael was able to provide the Committee with Mr Ihaka's recent rides. This showed in 2012 he had a total of 38 rides in highweight and Jump races and in 2013 he had a total of 18 rides in highweight and Jump races.
The penalty sought by the Stewards is nine months suspension of his Rider license. Suspension would of course allow him to continue employment in a stable and to continue riding trackwork. This is his only source of income.
In effect, given that he is a Jumps Rider and those races are over for the year, his race day riding is suspended for two months.
Penalty Submissions – Defendant:
Mr Clotworthy referred the Committee to the recent decision in RIU v M. He advised the Committee that there were originally 33 Informations laid but the RIU agreed to accept admitted pleas on 3 clearly representative charges and fines of $350 were imposed on each of these charges. He pointed out that the RIU in that case submitted that a fine of $200 was appropriate on each of those charges.
Mr Clotworthy referred the Committee to a further recent decision RIU v P where the Defendant's penalty was $850 for using foul and abusive language.
Mr Ihaka advised the Committee that he stood himself down from race riding after the 2nd of August 2013 because he believed his attitude was not good enough to be in the public arena. Mr Ihaka advised us that he resumed riding on Jumps day at Te Rapa on the 30th September 2013. Mr Ihaka informed us that he had 5 rides and believed he finished the season on a good note and the Stewards had no issues with his demeanour.
Mr Clotworthy highlighted to the Committee and asked us to take into account that Jumps Riders align themselves with promising horses early in the season. He added that if Mr Ihaka was to receive a penalty in line with the Stewards' submissions it may have an impact on his mounts for the remainder of the next season.
Mr Ihaka advised the Committee that his financial position was marginal and both he and Mr Clotworthy recognised a suspension was inevitable given his record.
Mr Clotworthy submitted that Mr Ihaka had stood himself down because he was not happy with his own general attitude. He added that Mr Ihaka understood that there had to be a penalty for his behaviour however, Mr Ihaka was hoping for a lesser term than the one submitted by the RIU.
Reasons for Penalty:
Having heard submissions as to penalty the Committee determined that further information was required. This was in relation to the next year race meetings in which Jump Riders were eligible to ride in and we also requested Mr Ihaka's recent riding record. This information was required by the Committee before would could determine an appropriate penalty. Accordingly, the Committee reserved its decision.
The Committee received the required dates on October 12 and carefully considered all of the evidence and submissions presented.
Our view on the Misconduct Rule is that there is a high expectation that license holders will conduct themselves in a professional and responsible manner, particularly during the course of the investigations completed by Stipendiary Stewards.
The only mitigating fact is Mr Ihaka's admission of the breach albeit it was inevitable.
The aggravating facts are numerous and are listed below.
Mr Ihaka's record of offences in failing to comply with the Rules of Racing is very poor.
We have serious concerns that Mr Ihaka's previous penalties are not acting as a deterrent and his behaviour on August 2nd was inexcusable and disrespectful towards the Stewards. The seriousness of this misconduct charge is clearly demonstrated in the statement given by Ms Gemmell (9 c). The Committee believes this breach to be in the high range of seriousness.
Mr Ihaka’s unprofessional behaviour as a license holder is clearly unacceptable.
This Committee does not condone Mr Ihaka's actions or words in any way whatsoever.
If Mr Ihaka had been cooperative and listened to the Stipendiary Stewards during the course of a routine investigation then these breaches may never have happened.
The Committee did consider the submissions from Mr Clotworthy regarding two recent misconduct charges RIU v M and RIU v P. The circumstances surrounding this case are in our view different to the cases submitted by Mr Clotworthy.
We referred to the JCA penalty guide under these Rules and they recommended an appropriate penalty is fact dependant.
The Committee did have regard for the fact that Highweight and Jump Riders have limited riding opportunities and note the season is not expected to commence until April 2014.
We verified that in 2012 Mr Ihaka did ride at the Riverton Jumps race meeting.
We note that Mr Ihaka stood himself down for a 7 week period acknowledging that his attitude was not good enough to be in the public arena.
It is our view after taking into account all of the above factors these breaches can be appropriately dealt with by way of a fine and a suspension. We found Mr Ihaka’s breach on 14.5.2012 the most relevant when determining the contravention penalty.
Penalty:
The RIU were unable to provide the Committee with a definitive 2014 Jumping Season programme but as a guidance provided us with the 2013 Jumping Season and Highweight dates.
In relation to the charge against Mr Ihaka that he acted in contravention to an instruction given by a Stipendiary Steward we impose a $400 fine.
In relation to the misconduct charge we impose a suspension on Mr Ihaka which will commence on 14 October 2013 and conclude after racing on the 4th of June 2014. This is in effect approximately 6 weeks for Jump Riders.
This equates to an estimated 8 North Island Highweight race days and 10 New Zealand wide Jump days, subject to programming.
Costs:
The RIU made no application for costs.
This matter was heard on a raceday and as such the JCA are not seeking costs.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 340 and 802(1)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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