Waikato TR 2 December 2023 – R1 – Kelly Myers

Background:

Following an incident alleged to have arisen from the running of Race 1, Stewards conducted an investigation which resulted in an Information being filed against Class A Rider Kelly Myers, alleging a breach of Rule 340. The Rule provides:

‘A licenced person, owner, lessee, racing manager, official or other person bound by these rules must not misconduct himself in any matter relating to the conduct of races or racing’.

The Particulars of the charge were that:

K Myers misconducted herself when using inappropriate language directed towards J Doyle after the running of race 1.

Ms Myers admitted the breach.

Evidence

Ms Myers has had a break from race riding for more than two years and this was her first day back riding. Stipendiary Steward Mr Dooley advised that Ms Myers took exception to an incident in the first race and went to the entrance of the Males Jockey Room and called out Rider Mr J Doyle. During a brief conversation with him, Ms Myers directed obscene language at Mr Doyle.  The language used included the words “F—-” and “C—-“. Mr Dooley said that Stipendiary Steward Mr Stewart was nearby, and he intervened and requested Ms Myers to leave, which she did.

In response, Ms Myers freely admitted that she used the language complained of.  She explained that she was upset due to an incident that occurred in the home straight during the running of Race 1 and that when she raised her concerns with Rider Mr Doyle, “he got lippy” and this resulted in her using the language.

Decision

The charge is admitted and is therefore deemed to be proved.

Penalty Submissions

Mr Dooley said that penalties for charges of this nature are fact dependent.  He referred to a number of recent charges where penalties have ranged from $300 to $1200 for Misconduct.  He said that Ms Myers has a clear record and admitted the breach.  He said that Stewards sought a penalty in the vicinity of $500.

Ms Myers reiterated that the language used was in response to an incident that she took exception to, because she believed Mr Doyle was “out of line”.

Reasons for Penalty

Ms Myers admitted that she directed obscene (foul) language at Rider Mr J Doyle following an incident she said occurred during the running of Race 1.  The Adjudicative Committee is not required to determine whether or not the incident occurred or indeed, the rights or wrongs of it.  But it is relevant only to the extent that if it did occur, it may accompany and explain why Ms Kelly was upset and reacted and used the language complained of.  That, of course, does not justify her actions, but it does assist the Adjudicative Committee to assess her level of culpability and to calibrate an appropriate penalty.

The purpose of the revised NZTR Code of Conduct implemented in February 2023 establishes a set of standards of behaviour aimed at protecting the values of Thoroughbred Racing by ensuring that industry participants enjoy a safe, supportive, and respectful environment. The Code also promotes the requirement to treat each participant with dignity and respect and includes a very broad range of behaviour by a Person including, by way of example, belittling a Participant, using foul, inappropriate, or aggressive language or aggressive or threatening behaviour towards a Participant……

On this occasion, the language used by Ms Myers went well beyond acceptable behaviour.  Whilst it’s not uncommon from time to time for Jockeys to vent concerns at each other, it is important that it is done in an appropriate manner.  Moreover, this incident occurred in an area frequented by Officials and the public.  Any concerns she may have had about the running of the race should have been reported to the Stewards, rather than her taking matters into her own hands.  Ms Myers was encouraged by the Adjudicative Committee to ensure that she is familiar with her obligations under the Code of Conduct.

The Adjudicative Committee considered the precedent cases and determined that the three most relevant cases are:

RIB v Pender – $500 fine

RIB v Lambert – $500 fine

RIB v Allpress – $300 fine

Mitigating factors included Ms Myers’ admission of the breach and her good record (albeit she has not ridden for two years). The are no aggravating factors to consider.

The Adjudicative Committee adopted a starting point of $500 (fine).  A $50 reduction was applied for Ms Myers’ good record and admission of the breach.  Accordingly, a fine of $450 is imposed.

Conclusion

Rider K Myers is fined $450.