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Non-Raceday Inquiry - BR Yuill




Information No. 0849 has been laid by Racecourse Inspector Mr B. F. McKenzie, and alleges a breach of Rule 304 of the New Zealand Rules of Racing by the defendant, Apprentice Jockey Mr B. R. Yuill.

JUDICIAL COMMITTEE'S DECISION ON PENALTY AND COSTS

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Information No. 0849 has been laid by Racecourse Inspector Mr B. F. McKenzie, and alleges a breach of Rule 304 of the New Zealand Rules of Racing by the defendant, Apprentice Jockey Mr B. R. Yuill.  The charge reads as follows.

 

“I, the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 304 in that on Saturday the 23rd day of February 2008 at the race meeting conducted by Racing Matamata at the Matamata Racecourse, being a licensed apprentice jockey within the meaning of Rule 303 of the New Zealand Rules of Racing, you did misconduct yourself within the meaning of Rule 304 of the said Rules IN THAT in the horse swabbing clinic you used insulting and offensive language namely “idiot and halfwit” directed at Racecourse Inspector Bryan Oliver and refused to leave the clinic when requested to do so by the said Racecourse Inspector AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003 of the said Rules.”

Rule 304 provides as follows.

 

“Every holder of any licence or permit or certificate or registration mentioned in the last preceding Rule, and every owner, owner-trainer, stablehand, unlicensed apprentice, racing manager or official or employee of any Club who misconducts himself in any way commits a breach of these Rules.”

 

Mr B. R. Yuill did not attend this hearing, but he was represented by his father

and employer, Mr R. A. Yuill, who confirmed that his son admitted this breach of the Rules.  Accordingly we found the charge to be proved.

 

Mr McKenzie confirmed that authority to prosecute had been received from the

Chief Executive of New Zealand Thoroughbred Racing.

 

Mr McKenzie presented and read a “Summary of Facts” relating to this charge,

and this is attached to this decision.

 

Summary of Facts:

 

The background facts relating to this charge are the same as those set out in the decision relating to Mr R. A. Yuill.

 

During the time that Mr Oliver was subjected to the abusive and insulting language from Mr R. A Yuill he noticed that the defendant had entered to the swabbing facility and was seated on a chair.  Mr Oliver heard the defendant say in a loud voice “your idiots”. Mr Oliver did not know the defendant and asked him his name, which he refused to give.  Mr Oliver then asked the defendant to leave the swab box clinic, to which he replied “get stuffed”.  The defendant continued being insulting and abusive by calling him a “halfwit and idiot”, and then left the area.  Mr R. A. Yuill did not dispute these facts.

 

Submissions on Penalty:

 

Mr J. W. McKenzie presented and read Penalty Submissions that are also attached to this decision.  Mr McKenzie informed us that the defendant is a licensed apprentice jockey aged 19 years and is indentured to his father Mr R. A Yuill.

 

Mr McKenzie raised the following matters –

 

-         The defendant had pleaded guilty.

-         He has not previously appeared on a charge such as this.

-         That it was clear that he had been influenced by the behaviour of his father and employer.

-         That the language used did not contain swear words or obscenities, although it was insulting and disrespectful.

 

It was recommended that this matter could be dealt with by means of a fine.

 

Mr R. A Yuill made brief submissions on behalf of his son.  He said that it was

his own attitude and mistake that encouraged his son to make the remarks about Mr Oliver.

 

          Having considered the matter of an appropriate penalty we agree that this breach can be dealt with by means of a fine, and the defendant is fined the sum of $350-00.

 

Costs:          

 

As set out in the decision relating to Mr R. A. Yuill there will be no order as to costs in this case.

 

 

_______________                            _________________        

J. M. Phelan                                               D. C. Johnstone

Chairman                                          Panel Member

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