Waikato TR 31 January 2025 – R9 – Kevin Stott

ID: RIB51215

Respondent(s):
Kevin Stott - Jockey

Applicant:
Mr Adrian Dooley - Senior Stipendiary Steward

Adjudicators:
Mr Mike Godber (Chair) and Ms Hilary Gray

Persons Present:
Mr A Dooley and Mr B Jones - Senior Stipendiary Stewards, Mr G Stewart - Stipendiary Steward, Mr K Stott - Class A Rider

Information Number:
A19208

Decision Type:
Race Related Charge

Charge:
Misconduct

Rule(s):
800 - Misconduct

Plea:
Admitted

Animal Name:
SUBIACO

Code:
Thoroughbred

Race Date:
31/01/2025

Race Club:
Waikato Thoroughbred Racing

Race Location:
Te Rapa Racecourse - Te Rapa Road, Hamilton, 3200

Race Number:
R9

Hearing Date:
31/01/2025

Hearing Location:
Te Rapa Racecourse

Outcome: Proved

Penalty: Jockey Kevin Stott is fined $450

Background:

Following an incident which arose after the running of Race 9, Stewards conducted an investigation which resulted in an Information being filed against Class A Rider Mr Kevin Stott, alleging a breach of Rule 800. 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:

Mr K Stott misconducted himself by using offensive language in the birdcage following the running of race 9.

Mr Stott admitted the breach.

Evidence

Mr Dooley advised that Mr G Stewart (Stipendiary Steward) had witnessed an incident as the horses returned to the birdcage after Race 9. He asked Mr Stewart to explain what he had witnessed.

Mr Stewart reported that as the horses returned to the birdcage, Mr Stott was having trouble with his horse SUBIACO and it did not come through the main gate, but through the back gate at some speed. Mr Stott was restraining the horse and it backed into the Rider Ms U Holmquist, who had ridden LADY LIZZO in the race. The trainer of LADY LIZZO, Mr L Te Teeki, was also present. Mr Stewart stated that Mr Stott used the F***  word four times and C*** word twice, loudly and directed at Ms Holmquist.

In response, Mr Stott said his horse had given trouble throughout the race and when it came into the birdcage, he had tried to restrain it and it had backed into Ms Holmquist and Mr Te Teeki. He admitted that he had used abusive language, but did not believe he had used the F word on four occasions, he thought he used it twice, and did not believe he had used the C word. He felt Ms Holmquist had also sworn back at him, when his horse backed into her.

Mr Dooley advised that Ms Holmquist was available as a witness if required, but noted that this was probably not necessary as Mr Stott had admitted the charge. The Adjudicative Committee decided that as the charge was admitted, Ms Holmquist was not required as a witness.

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 two recent charges, where Riders have used abusive language, where fines have ranged from $300 (L Allpress November 2023) to $450 (K Myers December 2023) for Misconduct.  He considered the most relevant was Ms K Myers, who abused a fellow Rider and was fined $450. He said that Stewards sought a penalty in the vicinity of that amount.

Mr Stott reiterated that the language he used in the incident was caused by his horse being difficult to control. Mr Stott said that he was still full of adrenaline after the race, in which he had run second. His horse had been difficult to control in the race and he had been unable to use his whip. The horse continued to give problems in the birdcage and he had become frustrated.

He said he would apologise to Ms Holmquist and now just wanted to pay the fine to move on.

Reasons for Penalty

Mr Stott admitted that he directed obscene (foul) language at Rider Ms U Holmquist.

The difficulty experienced by Mr Stott because of his horse’s actions is not relevant except that, it does help explain why Mr Stott was upset and reacted and used the language complained of.  That, of course, does not justify his actions, but it does assist the Adjudicative Committee to assess his level of culpability and to determine 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 Mr Stott went well beyond acceptable behaviour.  It is not uncommon from time to time, for Jockeys to vent concerns at each other. However, it is important that it is done in an appropriate manner.  Moreover, this incident occurred in an area frequented by Officials and the public.

The Adjudicative Committee noted that Mr Stott has a clear record, admitted the breach, and intended to apologise to Ms Holmquist.

The Adjudicative Committee considered the precedent cases and determined that the most relevant case was Ms K Myers in December 2023, which resulted in a fine of $450.

After considering all the circumstances, the Adjudicative Committee decided on a fine of $450.

Conclusion

Rider K Stott is fined $450.

Decision Date: 31/01/2025

Publish Date: 03/02/2025