Request for a Ruling heard 23 January 2013 at Te Rapa

hearingid: d02a57c59a3f0e2eef3e1f6c7464ce3e

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 27/01/2013

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Request for a Ruling heard 23 January 2013 at Te Rapa

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

JUDICIAL COMMITTEE DECISION – REQUEST FOR A RULING
Informant: Mr S Marsh, trainer of RUUD AWAKENING
Defendant: Mr J Waddell
Information No: 3262
Date: 23 January 20123
Venue: Te Rapa Racecourse
Rule No: 330 (2)
Judicial Committee: R Seabrook, Chairman - A Dooley, Committee Member
Also Present: Mr A Bosma, racing manager for RUUD AWAKENING, Mr D Anderson, Manager for Mr J Waddell, Mr J Oatham, Stipendiary Steward, Mr A Rodley, Waikato Times

PRELIMINARY:
After reading the information the committee is of the view that the decision that we need to determine today is whether Mr Waddell had a confirmed engagement for RUUD AWAKENING in the Karaka Million on 27 January 2013. We stress that because the wording of the information is somewhat ambiguous but its intent is to establish the above. For this reason the Chairman asked both parties if they understood the information and if they had any questions.

Neither party required clarification.

FACTS:
The connections of RUUD AWAKENING wish to replace jockey J Waddell as the rider of the filly in the Karaka Million to be held at Ellerslie on Sunday 27th January 2013.

SUBMISSION(s):
Mr Marsh submitted in his opening statement that Mr Waddell never had a confirmed booking to ride RUUD AWAKENING in the Karaka Million on the 27th January. He said that on 15th January Mr Anderson rang him and said Mr Waddell may struggle with the 54.5 kgs to ride LUCKY COUNTRY on 19 January. At this stage Mr Bosma became involved, expressing his concern at Mr Waddell’s ability to turn up at race meetings and make the carded weights. He emphasized Mr Waddell’s recent poor record in this regard which showed on 4 occasions this month Mr Waddell failed to make the carded weight. Additionally, on a further 2 occasions, he failed to turn up at race meetings where he had engagements. Consequently the connections felt it necessary to give Mr Waddell an ultimatum that if he was unable to make the weight on LUCKY COUNTRY they would not have the confidence to engage him to ride RUUD AWAKENING in the Karaka Million. Subsequently Mr Waddell did not make the carded 54.5 kgs on LUCKY COUNTRY. As a result Mr Marsh told Mr Waddell that he had ruined their day and his chance to win the Karaka Million.

Mr Bosma, in his opening submission, was adamant there was no confirmed booking for Mr Waddell to ride RUUD AWAKENING in the Karaka Million. He was always involved in riding engagements for his horses and did not discuss the riding issue for the Karaka Million with Mr Marsh until 15 January. He went on to confirm all that Mr Marsh had said but added that Mr Waddell had apologized to him on 20 January for not making the weight on his 2 horses at the Trentham meeting.

Following the above events Mr Bosma instructed Mr Marsh that they needed to look for a replacement for RUUD AWAKENING in the Karaka Million. He said Mr B Wall offered to discuss the riding engagement of Craig Williams with his manager. Mr Bosma concluded by saying there was no commitment made by him on 12 January at Ellerslie. He said Mr Waddell had told him he would like to be on RUUD AWAKENING in the Karaka Million. Mr Bosma added that if today’s hearing went in favour of Mr Waddell they would not engage him for RUUD AWAKENING and would face the consequences.

When asked by the committee neither Mr Anderson nor Mr Waddell wished to cross examine either Mr Marsh or Mr Bosma.

Mr Anderson, in his submission, said Mr Waddell had done all the work on RUUD AWAKENING until this stage. He said that after winning on RUUD AWAKENING on 12 January he confirmed the ride for Mr Waddell in the Karaka Million and relinquished the ride on GOBI RANGER. Mr Anderson stated, in regard to the Trentham incident, Mr Waddell was delayed 1 hour 20 minutes through his plane being late which denied him the opportunity to lose the extra weight in the sauna. He said he was contacted by Mr Marsh on 20 January to say Mr Waddell was being replaced for the Karaka Million. Mr Anderson produced a document from TVN (Australia) which states that Mr Marsh contacted Mr Williams’ manager offering him the Karaka Million ride last week. Mr Marsh had already told the hearing that this did not occur until 19 January.

Mr Waddell told the hearing he did have the booking to ride RUUD AWAKENING in the Karaka Million. He produced to the hearing text messages between him and Mr Marsh following his win on 12 January. He stated he felt as though he was being bullied and discriminated against by the horse’s connections and added that he was fit, focused and ready to go.

Mr Oatham, when asked if he had any submissions said the key factor for the committee to consider was whether an engagement for Mr Waddell to ride RUUD AWAKENING in the Karaka Million was ever made. He added there was extensive evidence some of which was conflicting.

Mr Marsh, in his summing up, had little further to say other than that he certainly did not engage Mr Williams for the ride before 19 January.

DECISION:
The committee has taken some time in considering all the evidence and submissions regarding this request for a ruling before us today.

The informant, Mr Marsh, was adamant that Mr Waddell was never given a firm commitment that he would be riding RUUD AWAKENING in the Karaka Million.

The committee acknowledges that there were text messages and phone conversations between both parties following RUUD AWAKENING’S win on 12 January at Ellerslie. These could be construed as normal racing banter. It is important to remember that when Mr Waddell was given the ultimatum to make the weight on LUCKY COUNTRY on 19 January at Trentham declaration of riders for the Karaka Million had not closed. At this point and, while the evidence heard indicates that the connections of RUUD AWAKENING intended to engage Mr Waddell, there is no evidence produced that a firm commitment had been given by them. These intentions were negated following the weight issues pertaining to the Trentham meeting on 19 January.

Following RUUD AWAKENING’S win at Ellerslie on 12 January Mr Waddell made a commitment on his part to ride her in the Karaka Million over and above GOBI RANGER. Mr Waddell and his manager may well have assumed this constituted a firm commitment that he would be riding RUUD AWAKENING in the Karaka Million. However the Committee is clearly satisfied that neither Mr Marsh nor Mr Bosma confirmed the booking. On 15 January all parties agreed following communication that Mr Waddell was committed to ride LUCKY COUNTRY at 54.5 kgs at Trentham on 19 January. Mr Waddell acknowledged to Mr Marsh that he had no problems and was good to go with that weight. However at this time Mr Bosma expressed his concern at Mr Waddell’s recent record of not turning up at race meetings and being overweight on several recent occasions. Mr Marsh then gave Mr Waddell the ultimatum that if he did not make the weight of 54.5 kgs for LUCKY COUNTRY they would not have the confidence to engage him for RUUD AWAKENING in the Karaka Million. Mr Waddell failed to make the carded weight on 2 of Mr Marsh’s horses on 19 January and was replaced.

Obviously the committee has considered Mr Anderson’s submissions and those of Mr Waddell. Although the committee has some sympathy with Mr Waddell’s circumstances regarding the delay of his flight and his inability to attend the sauna it remains supposition as to whether he would indeed have made the 54.5 kgs.

Accordingly after careful consideration and taking all the above factors into account the committee is clearly satisfied that at no stage did Mr Marsh or Mr Bosma confirm to Mr Waddell or Mr Anderson that Mr Waddell was the confirmed rider for RUUD AWAKENING in the Karaka Million. Therefore the committee finds in favour of the informant, Mr Marsh.

Richard Seabrook      Adrian Dooley
Chairman                  Committee Member

23 January 2013
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 330(2)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: