Non Raceday Inquiry RIU v MJ Walker – Decision dated 27 March 2014

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decisiondate: 29/03/2014

hearing_title: Non Raceday Inquiry RIU v MJ Walker - Decision dated 27 March 2014

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Decision:

BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the New Zealand Thoroughbred

Rules of Racing

BETWEEN THE RACING INTEGRITY UNIT (RIU)

INFORMANT

AND MICHAEL WALKER Licensed Jockey

DEFENDANT

Judicial Committee: Murray McKechnie, Chairman - Tangi Utikere, Committee Member

Present: Mr Ross Neal, co-chief stipendiary steward for RIU

Mr Mike Colson, counsel for RIU

Mr Michael Walker, Licenced Jockey

Mr Doug Alderslade, counsel for Mr Walker

Mr Alan Coles, Registrar

HEARING BEFORE NON-RACEDAY JUDICIAL COMMITTEE

HELD AT ELLERSLIE RACECOURSE

THE 27 DAY OF MARCH 2014

1. Nature of the charge

1.1 Mr Michael Walker a licenced jockey faces a charge under Rule 801(1)(s)(i) of the Rules of Racing. On the 1 March this year here at Ellerslie Mr Walker rode PUCCINI to win the TV3 New Zealand Derby. Subsequently on 4 March Mr Walker participated in a television programme known as Off the Rails. The charge which we are to consider today arises from comments that were made by Mr Walker during the course of that television interview. A summary of facts has been prepared by Mr Colson counsel for RIU and a copy of that is attached to this decision.

1.2 Mr Alderslade counsel for Mr Walker in his helpful written submissions has made it clear that no issue is taken with the summary of facts.

1.3 The summary of facts and the submissions that we have heard today together with answers to questions directed by the Committee to counsel and to Mr Neal the co-chief stipendiary steward and to Mr Walker have established the sequence of events which occurred at Ellerslie on 1 March. These are set out in the relevant part in paragraphs 5, 6, 7 & 8 of the summary of facts.

2. The interview

2.1 The Committee has had the interview played on television today. It needs to be emphasised that much of the interview was light-hearted in character. The reference which Mr Walker made to his not being able to make the weight is but a small part of the interview; that subject was not pursued by the interviewers and Mr Walker had nothing further to say about it in the following passages of the interview.

3. Upcoming engagements for Mr Walker

3.1 Mr Walker is an experienced jockey both in New Zealand and in Australia. On 29 March he is booked to ride PUCCINI in the Rosehill Guineas in Sydney. The horse which is now in Australia is the ante-post favourite. On 12 April Mr Walker is booked to ride PUCCINI in the AJC Derby at Randwick. Both are prestigious and valuable races.

3.2 Mr Colson has advised that Mr Walker’s riding percentage for the winning ride on PUCCINI on 1 March was $22,500.

3.3 Immediately following the race on 1 March there was considerable praise for the nature of Mr Walker’s ride both on television and in the written media.

4. Mr Walker’s position

4.1 There was a telephone conference between the Chairman of the Judicial Committee, Mr Neal and Mr Walker at which a timetable was set for this hearing today. The conference took place on 21 March. At that time Mr Walker had not sought legal counsel. He did make it clear in the course of the telephone conference that he pleaded guilty to the charge and that was formally recorded at the time. Refer minute of Committee dated 21 March 2014.

5. The position of the RIU

5.1 Mr Colson counsel for the RIU emphasised that the race concerned was Group 1 at the highest level and necessarily the race and events relevant to it which followed received considerable publicity.

5.2 In answer to questions from the Committee we were told that the Off the Rails television programme is played in New Zealand, Australia, Hong Kong and other parts of South East Asia.

5.3 With reference to the level of penalty Mr Colson explained that no suspension was sought rather that there should be a significant monetary penalty and he proposed a fine of $10,000 together with costs in favour of the RIU and the JCA at such level as the Committee thought appropriate.

6. Submissions for Mr Walker

6.1 Mr Alderslade emphasised Mr Walker’s success riding in both New Zealand and Australia over some seventeen (17) years. He said that in this time there had been no allegations against Mr Walker which suggested any dishonesty or lack of integrity on his part. This was confirmed by Mr Colson.

6.2 Mr Alderslade pointed to the light-hearted nature of the programme and suggested that Mr Walker had made the objectionable comments without any malice or forethought.

6.3 The Committee was told that Mr Walker has recently been suffering from depression and had been receiving medical attention. No documentary material was put before the Committee in that regard. That is not to say that the Committee does not accept what it was told. The Committee made clear to Mr Walker and his counsel that raising this matter would involve this situation concerning Mr Walker’s health becoming a matter of public record and the Committee is clear that Mr Walker and his counsel understood this and realised the information will enter the public record.

6.4 The previous decisions of Judicial Committees under this rule are of some assistance although none bears a precise comparison to the present circumstances. Both counsel drew attention to the decision in the case of “M” in June 2001. Mr Alderslade sought to distinguish that case contending that there the actions of the trainer were thought out and deliberate whereas here in his submission that was not the case.

6.5 It was said by Mr Alderslade that the RIU could have issued a statement post the television on 4 March to clarify the position. The Committee understood Mr Alderslade to be submitting that the weighing procedures that had been adopted on 1 March which clearly showed that Mr Walker was overweight could have been put in the public record by the RIU to counter what was said on the television programme. The Committee for its part does not believe that the RIU had any obligation to issue such a statement and indeed takes the view that had that been done it may have led to further comment, some of which may have suggested that attempts were being made to explain events which were in some way sinister.

6.6 Mr Alderslade rightly emphasised Mr Walker’s early guilty plea and the Committee for its part recognised that Mr Walker indicated the position he would take at the earliest opportunity. It is understood that when he was served with the documents in Australia he made known to the process server that he would be admitting the allegation which we are concerned with today.

7. Discussion and decision

7.1 The evidence we have heard today established that Mr Walker was unable to take the ride in Race 8 on the horse named MANNY. Further the evidence established that he was twice weighed before that race, on the second occasion in the presence of Mr Neal.

7.2 The Committee has found it very curious that when it was plainly established that Mr Walker could not made the weight he would later say something to the effect that he had misled the stewards into believing that he could not make the weight when there was evidence from the weighing procedures that in fact he was overweight. Reference has been made to Race 8, the race before the Derby. The evidence further established that in an earlier race, Race 2, Mr Walker had not been able to make the weight and had been replaced by another jockey. It is counter intuitive for somebody to suggest that they have engaged in some subterfuge if in fact they have not. This curious circumstance may lend some force to Mr Alderslade’s submission that Mr Walker spoke without thinking and was acting during the interview “on the spur of the moment”.

7.3 As noted earlier both counsel have referred to the decision of “M” in June 2001. The Committee has carefully considered that decision and has looked at some others with a view to obtaining assistance. In this case involving Mr Walker the comments he made suggested that he had misled the stewards. They are the very people at the centre of ensuring the enforcement of the rules and the upholding of integrity. In that sense we take the view that what was said here is more serious in character than what was said by “M” in 2001 when he gave interviews pre-race and post-race at Te Rapa.

7.4 The seriousness of a breach of this rule is clear when looking at the possible penalties that can be imposed - disqualification, suspension or a fine or in appropriate cases suspension and a fine.

7.5 The Committee gives Mr Walker credit for his early acknowledgement of culpability and we consider that the conduct can appropriately be met by a monetary penalty. That penalty must be meaningful having regard to the extended audience of the Off the Rails programme. The Committee is also influenced by the fact that the comments were made in reference to a Group 1 race which, by its very nature, attracted considerable publicity at the time and in the days following. We consider that the position can appropriately be met by a fine of $7,000, a costs award to the RIU of $2,000 and a costs award to the Judicial Control Authority (JCA) of $3,000. That comes to $12,000 in total. There are rules about the prompt payment of fines imposed by Judicial Committees and we are confident that Mr Walker will be conscious of those.

7.6 We thank Mr Alderslade and Mr Colson for their assistance and Mr Walker we wish you good luck in your upcoming rides in Australia.

Dated this 27 day of March 2014

_________________________________

Murray McKechnie

Chairman

Signed pursuant to Rule 920(5)

SUMMARY OF FACTS

Michael John Walker 

1. Michael John Walker is a Class `A’ rider licenced by New Zealand Thoroughbred Racing (NZTR) to ride in races.

2. On Saturday 1st March 2014 Mr Walker was accepted to ride six horses at the Auckland Racing Club’s race meeting.

3. Prior to the commencement of the meeting the Stewards were advised by Mr Walker’s New Zealand riding agent, Mr Aiden Rodley, that Mr Walker would be unable to make the required weight (54.5kg) for Candle In the Wind in Race two.

4. As a consequence of Mr Walker’s failure to make the weight he was issued with a Minor Infringement notice pursuant to Rule 330 (3) (c) and fined the sum of $200.00

5. Shortly after riding Gold’N Mac in Race 6 Mr Walker sought permission from the Stewards to forego his ride on Manny in Race 8 on the basis that he had a sore back and he wished to rest prior to taking his mount on Puccini in Race 9 the TV3 NZ Derby.

6. This request was denied by the Stewards.

7. Following Race 7 the Stewards were advised by the Clerk of the Scales that Mr Walker was over-weight for his engagement in Race 8, this being Manny.

8. Mr Walker was asked to re-weigh in the presence of the Stewards where the weight displayed was 56.5kg which was 1kg over the carded weight of 55.5kg.

9. Mr Walker was subsequently replaced on Manny.

10. Mr Walker then completed his engagement on Puccini in Race 9.

11. On Tuesday 4th March Mr Walker was a guest on the Sky Television show `Off the Rails’ which was recorded before a live audience at Ellerslie Racecourse. He was asked about his ride on Puccini and his injury. Mr Walker said words to the following effect:

The doctor asked the stewards if I could stand down from my next ride and umm take a couple of races off. Umm the steward said no, if he gets off them he has to get off everything. Well I wasn’t letting that happen. So… me being a little bit smart [like] yourself…miracle…I just said I can’t make the weight on the next one so I was able to take a couple of races off and pull myself together for the Derby.

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