Appeal J Waddell v RIU 6 December 2011 – Decision
ID: JCA17981
Decision:
JASON WADDELL v NZ RACING INTEGRITY UNIT
HEARD AT TE RAPA RACECOURSE, HAMILTON
TUESDAY 6 DECEMBER 2011
APPEALS TRIBUNAL: Mr Murray McKechnie, Chairman and Mr Richard Seabrook, Member
PRESENT: Mr Jason Waddell, Licensed Jockey, Mr John Oatham, Stipendiary Steward, Mr Mike Austin, Registrar
Decision of Appeals Tribunal
1. INTRODUCTION
1.1 The licensed jockey Mr Jason Waddell appealed a five (5) day suspension for careless riding which was imposed at the Levin Racing Club Meeting on the 29 November 2011.
1.2 Mr Waddell sought a stay of proceedings. That was not opposed by NZ Racing Integrity Unit (RIU) and was granted.
2. EVENTS TODAY
2.1 Mr Waddell advised the members of the Appeals Tribunal that he did not wish to proceed with his appeal. He said that this was for personal reasons. He said that those personal issues had arisen in the last two (2) hours before the hearing which was scheduled at 2.00p.m. and that in those circumstances he could not give earlier advice. He said that he had thought about simply phoning through but wanted to appear in person to explain the position.
2.2 The Appeals Tribunal did not question Mr Waddell as to the personal issues about which he had spoken. For his part Mr Waddell indicated that he might know in the next few hours how those issues would develop. That has some relevance to riding commitments of which Mr Waddell spoke and about which more is said below.
3. DISCUSSION
3.1 Appeals can only be withdrawn by leave of the Appeals Tribunal. Mr Waddell, in addressing the Tribunal, accepted that there might be a significant costs award as a result of his very late decision. The Appeals Tribunal explained to Mr Waddell that there is a cost in setting up appeal hearings, that the Chairman had travelled from Rotorua and that the other member of the Tribunal from Cambridge.
3.2 Mr Waddell said that he had rides booked for the meeting at Ellerslie tomorrow 7 December, at New Plymouth on 8 December, Tauranga on 9 December, Te Rapa on 10 December and as far ahead as the feature day at Ellerslie on Sunday 11 December. As to whether he would be able to attend all of those meetings Mr Waddell said this was contingent upon the development of the personal issues of which he had spoken.
3.3 Leave to withdraw the appeal is granted.
3.4 Following some discussion it was accepted that the five (5) day suspension must now take effect from and inclusive of the 14 – 21 December. Mr Waddell will be free to ride following the conclusion of racing at Matamata on 21 December this year.
4. COSTS
4.1 A $250.00 filing fee is payable on the appeal. Following the hearing the Tribunal was informed that Mr Waddell had not paid this. He had earlier advised the Registrar of the JCA that this filing fee would be paid before the hearing took place. During the course of the hearing there was discussion with Mr Waddell about the filing fee not being refundable. In the course of that discussion Mr Waddell said nothing to indicate that he had not paid the filing fee. He led the Tribunal to believe that it had been paid. This conduct by Mr Waddell does not reflect well upon his character. The filing fee must be paid. It is not refundable. Mr Oatham indicated that the preparation of the transcript involved the RIU in an expense of around $140.00. There was some discussion about the cost of setting up the filming equipment. It emerged from inquiries made by Mr Oatham which took place following Mr Waddell’s departure that the cost of setting up this filming equipment is $250.00 and is charged to the RIU.
4.2 As to the costs that should be awarded to the JCA Mr Waddell was told that the members of the Tribunal would wish to consult and further have reference to earlier decisions which bear some comparison with the present circumstances. At that point Mr Waddell’s further attendance was excused and it was explained that this decision with the figure fixed for costs would be made available to all parties at the earliest opportunity.
4.3 The Appeals Tribunal has considered other decisions where appeals have been withdrawn at a very late hour. The case which bears the closest comparison is that of Cropp v NZTR 28 February 2007. In the decision of the Appeals Tribunal Ms C was ordered to pay costs to NZTR in the sum of $200.00 and costs to the JCA in the sum of $700.00.
4.4 In the circumstances outlined here and having regard to what was said above in relation to setting up the filming there will be an order that Mr Waddell pay to the RIU the sum of $390.00. As to the JCA costs regard must be had to the fees payable to the members of the Tribunal and the travelling expenses. The fees payable to the members of the Appeal Tribunal are now somewhat greater than the fees which were in place at the time of Cropp v NZTR in February 2007. Having regard to all of the considerations which have been mentioned here the Appeals Tribunal considers that the appropriate sum to be paid in costs to the JCA is $850.00 and there is an order accordingly.
___________________________________
Signed pursuant to Rule 920(5)
Murray McKechnie
Chairman
6 December 2011
Penalty:
Please refer above
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 14/12/2011
Publish Date: 14/12/2011
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.
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hearing_title: Appeal J Waddell v RIU 6 December 2011 - Decision
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Decision:
JASON WADDELL v NZ RACING INTEGRITY UNIT
HEARD AT TE RAPA RACECOURSE, HAMILTON
TUESDAY 6 DECEMBER 2011
APPEALS TRIBUNAL: Mr Murray McKechnie, Chairman and Mr Richard Seabrook, Member
PRESENT: Mr Jason Waddell, Licensed Jockey, Mr John Oatham, Stipendiary Steward, Mr Mike Austin, Registrar
Decision of Appeals Tribunal
1. INTRODUCTION
1.1 The licensed jockey Mr Jason Waddell appealed a five (5) day suspension for careless riding which was imposed at the Levin Racing Club Meeting on the 29 November 2011.
1.2 Mr Waddell sought a stay of proceedings. That was not opposed by NZ Racing Integrity Unit (RIU) and was granted.
2. EVENTS TODAY
2.1 Mr Waddell advised the members of the Appeals Tribunal that he did not wish to proceed with his appeal. He said that this was for personal reasons. He said that those personal issues had arisen in the last two (2) hours before the hearing which was scheduled at 2.00p.m. and that in those circumstances he could not give earlier advice. He said that he had thought about simply phoning through but wanted to appear in person to explain the position.
2.2 The Appeals Tribunal did not question Mr Waddell as to the personal issues about which he had spoken. For his part Mr Waddell indicated that he might know in the next few hours how those issues would develop. That has some relevance to riding commitments of which Mr Waddell spoke and about which more is said below.
3. DISCUSSION
3.1 Appeals can only be withdrawn by leave of the Appeals Tribunal. Mr Waddell, in addressing the Tribunal, accepted that there might be a significant costs award as a result of his very late decision. The Appeals Tribunal explained to Mr Waddell that there is a cost in setting up appeal hearings, that the Chairman had travelled from Rotorua and that the other member of the Tribunal from Cambridge.
3.2 Mr Waddell said that he had rides booked for the meeting at Ellerslie tomorrow 7 December, at New Plymouth on 8 December, Tauranga on 9 December, Te Rapa on 10 December and as far ahead as the feature day at Ellerslie on Sunday 11 December. As to whether he would be able to attend all of those meetings Mr Waddell said this was contingent upon the development of the personal issues of which he had spoken.
3.3 Leave to withdraw the appeal is granted.
3.4 Following some discussion it was accepted that the five (5) day suspension must now take effect from and inclusive of the 14 – 21 December. Mr Waddell will be free to ride following the conclusion of racing at Matamata on 21 December this year.
4. COSTS
4.1 A $250.00 filing fee is payable on the appeal. Following the hearing the Tribunal was informed that Mr Waddell had not paid this. He had earlier advised the Registrar of the JCA that this filing fee would be paid before the hearing took place. During the course of the hearing there was discussion with Mr Waddell about the filing fee not being refundable. In the course of that discussion Mr Waddell said nothing to indicate that he had not paid the filing fee. He led the Tribunal to believe that it had been paid. This conduct by Mr Waddell does not reflect well upon his character. The filing fee must be paid. It is not refundable. Mr Oatham indicated that the preparation of the transcript involved the RIU in an expense of around $140.00. There was some discussion about the cost of setting up the filming equipment. It emerged from inquiries made by Mr Oatham which took place following Mr Waddell’s departure that the cost of setting up this filming equipment is $250.00 and is charged to the RIU.
4.2 As to the costs that should be awarded to the JCA Mr Waddell was told that the members of the Tribunal would wish to consult and further have reference to earlier decisions which bear some comparison with the present circumstances. At that point Mr Waddell’s further attendance was excused and it was explained that this decision with the figure fixed for costs would be made available to all parties at the earliest opportunity.
4.3 The Appeals Tribunal has considered other decisions where appeals have been withdrawn at a very late hour. The case which bears the closest comparison is that of Cropp v NZTR 28 February 2007. In the decision of the Appeals Tribunal Ms C was ordered to pay costs to NZTR in the sum of $200.00 and costs to the JCA in the sum of $700.00.
4.4 In the circumstances outlined here and having regard to what was said above in relation to setting up the filming there will be an order that Mr Waddell pay to the RIU the sum of $390.00. As to the JCA costs regard must be had to the fees payable to the members of the Tribunal and the travelling expenses. The fees payable to the members of the Appeal Tribunal are now somewhat greater than the fees which were in place at the time of Cropp v NZTR in February 2007. Having regard to all of the considerations which have been mentioned here the Appeals Tribunal considers that the appropriate sum to be paid in costs to the JCA is $850.00 and there is an order accordingly.
___________________________________
Signed pursuant to Rule 920(5)
Murray McKechnie
Chairman
6 December 2011
sumissionsforpenalty:
reasonsforpenalty:
penalty:
Please refer above
hearing_type: Non-race day
Rules: 638(1)(d)
Informant: Mr J Wadell - Licensed Jockey
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PersonPresent: Mr John Oatham - Stipendiary Steward, Mr Mike Austin - Registrar
Respondent: Racing Integrity Unit
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