Otago RC - 2 November 2010 - R 3

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 2^nd 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 2^nd 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.