Otago RC – 2 November 2010 – R 3
ID: JCA22913
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Otago RC - 2 November 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/11/02
Race Number:
R 3
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr M Davidson, stipendiary steward
--Defendant: Mr J Bates, licensed jockey
--Information No: 7498
--Meeting: Otago Racing Club
--Date: 2 November 2010
--Venue: Wingatui
--Race: 3
--Rule No: 340
--Judicial Committee: Geoff Hall, Chairman – J Eagles, Committee Member
--Plea: Admitted
----
CHARGES: Mr Davidson alleged that Mr Bates misconducted himself by using offensive language towards an apprentice rider in the female jockeys’ room.
----
Mr Bates admitted the charge, which we thus find proved.
----
FACTS:
--The words used by Mr Bates were *** muppet and were directed to an apprentice (whom we will not name) because of concerns he had with aspects of her ride in race 3. Mr Bates had already expressed his concerns to Mr Davidson who had undertaken to deal with the matter. The defendant then went into the female jockeys’ room a 2nd time, this time to complain to her about her dobbing him in to the stipendiary stewards. On this occasion the word muppet was used.
----
SUBMISSIONS:
--Mr Davidson submitted that a fine of around $400 or a 3 day suspension was appropriate. He said an aggravating feature was that Mr Bates was a senior jockey and the words used were directed towards a female apprentice in the female jockeys’ room. He produced Mr Bates’ record, which was clear under this rule. Mr Davidson said in his 4 to 5 years’ experience as a stipendiary steward he had not had to speak to Mr Bates about such matters.
----
Mr Bates stated the use of such language was common when jockeys were upset about safety issues they believed had arisen in a race. He also explained he worked with the apprentice jockey in question. Mr Bates asked for a suspension to be imposed if the fine was going to be in the $400 range.
----
REASONS:
--The aggravating factors are that the language was repeated although moderated on the 2nd occasion, that it was in the female jockeys’ room, and was directed by an experienced jockey to an apprentice. In addition, it was after Mr Davidson had said he would deal with the matter. There is simply no excuse for Mr Bates’ actions. It is unacceptable for a senior jockey to behave in this fashion even if he believes he was placed in danger due to another jockey’s actions. The mitigating factors are Mr Bates’ admission of the breach and his excellent record. We believe a combination of a fine and suspension is appropriate to reflect the gravity of the matter.
----
DECISION: Mr Bates is suspended from riding at the end of racing today up to and including 9 November. This encompasses a premier day at Riccarton. He is also fined the sum of $125 and reminded of his obligations under the Rules of Racing.
----
--
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: f29428c559aa45f9945d2c7bce8c4b75
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 02/11/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Otago RC - 2 November 2010 - R 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr M Davidson, stipendiary steward
--Defendant: Mr J Bates, licensed jockey
--Information No: 7498
--Meeting: Otago Racing Club
--Date: 2 November 2010
--Venue: Wingatui
--Race: 3
--Rule No: 340
--Judicial Committee: Geoff Hall, Chairman – J Eagles, Committee Member
--Plea: Admitted
----
CHARGES: Mr Davidson alleged that Mr Bates misconducted himself by using offensive language towards an apprentice rider in the female jockeys’ room.
----
Mr Bates admitted the charge, which we thus find proved.
----
FACTS:
--The words used by Mr Bates were *** muppet and were directed to an apprentice (whom we will not name) because of concerns he had with aspects of her ride in race 3. Mr Bates had already expressed his concerns to Mr Davidson who had undertaken to deal with the matter. The defendant then went into the female jockeys’ room a 2nd time, this time to complain to her about her dobbing him in to the stipendiary stewards. On this occasion the word muppet was used.
----
SUBMISSIONS:
--Mr Davidson submitted that a fine of around $400 or a 3 day suspension was appropriate. He said an aggravating feature was that Mr Bates was a senior jockey and the words used were directed towards a female apprentice in the female jockeys’ room. He produced Mr Bates’ record, which was clear under this rule. Mr Davidson said in his 4 to 5 years’ experience as a stipendiary steward he had not had to speak to Mr Bates about such matters.
----
Mr Bates stated the use of such language was common when jockeys were upset about safety issues they believed had arisen in a race. He also explained he worked with the apprentice jockey in question. Mr Bates asked for a suspension to be imposed if the fine was going to be in the $400 range.
----
REASONS:
--The aggravating factors are that the language was repeated although moderated on the 2nd occasion, that it was in the female jockeys’ room, and was directed by an experienced jockey to an apprentice. In addition, it was after Mr Davidson had said he would deal with the matter. There is simply no excuse for Mr Bates’ actions. It is unacceptable for a senior jockey to behave in this fashion even if he believes he was placed in danger due to another jockey’s actions. The mitigating factors are Mr Bates’ admission of the breach and his excellent record. We believe a combination of a fine and suspension is appropriate to reflect the gravity of the matter.
----
DECISION: Mr Bates is suspended from riding at the end of racing today up to and including 9 November. This encompasses a premier day at Riccarton. He is also fined the sum of $125 and reminded of his obligations under the Rules of Racing.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 340
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8cdc318d4c6a581c0e60860b4003c9d2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e24fa1b118c7108ae5819e02a161579
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/11/2010
meet_title: Otago RC - 2 November 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Otago RC