TRSA Stewards Conclude Jockeys Challenge Inquiry
- Tuesday, 29 June 2010 04:01
On Monday, 28 June 2010, TRSA Limited Stewards continued their inquiries into wagering activity on the Jockeys Challenge with respect to the Morphettville Parks race meeting on Saturday, 15 May 2010.
Jockeys Challenge betting is a form of all-in sports betting conducted under rules approved directly by government regulatory agencies and in the State of South Australia is not conducted under the Rules of Racing.
Nevertheless it is acknowledged that this form of sports betting relies on outcomes provided by the Thoroughbred Racing Industry.
Stewards have reviewed wagering records of the sports bookmakers operated by Unitab and Tabcorp as well as nine corporate bookmakers licensed in the Northern Territory, which offered a Jockeys Challenge market on this meeting.
CCTV footage from Adelaide TAB agencies was also reviewed.
In addition the telephone records, including other communication, of licensed jockeys C Lever and P Gatt and Lever’s Riders Agent M Privato, as well as licensed Stable Foreman S Kavanagh and another trainer, were examined.
All parties, apart from Privato (by phone), attended hearings before the Stewards who also interviewed other parties.
The Stewards established that jockey Lever had not ridden trackwork in the week prior to Saturday, 15 May but had ridden trackwork at Morphettville that morning in order to test his fitness for his engagements that afternoon.
Having ridden a number of horses for trainer Mr R Jolly, the rider had been ill and left the training facility at about 7.45 am (CST).
Lever stated he had returned to his residence in order to give himself every opportunity to fulfill his rides.
After resting and as his condition had not improved, at 9.50 am (CST) C Lever notified stable foreman S Kavanagh (for Trainer M A T Kavanagh) that he would not be riding stable runners that afternoon. Immediately after Lever informed his Rider Agent of his decision.
At 10.09 am (CST) TRSA Limited Stewards were alerted by advice from Stable Foreman S Kavanagh that Lever would not ride at the meeting. This was the Stewards first notice of the fact.
At 10.14 am (CST), made announcements notifying C Lever would not ride at the meeting, to the Unitab Control and other media.
It was established that, at 10.16 am (CST) S Kavanagh, having consulted with owners, confirmed P Gatt as the replacement rider of Toorak Thunder (Race 1) and Outlandish Lad (Race 3) for the stable.
This information, together with other replacements, was provided by Stewards to Unitab Control and the media at about 10.30 am (CST).
Then, TRSA Limited Stewards visited C Lever at his residence late on that morning and confirmed he was unwell.
Having examined the available evidence, the Stewards are satisfied that Jockey P Gatt’s only role in the matter was to have accepted the two replacement rides offered by the Kavanagh stable, which necessitated urgent travel from his Adelaide Hills address.
C Lever was further questioned with regard to his failure to respond to a direction of the Stewards, issued in July 2007, to inform them as soon as practicable after making his decision not to ride.
Lever stated that he had advised his Agent M Privato, and as is his practice, had relied on the Agent to inform the Stewards.
Riders Agent M Privato advised the Stewards that, although not in his office when informed by Lever, he had attempted unsuccessfully to contact the Stewards’ Adelaide office as well as trainers and had also attempted to contact C Lever to indicate he had been unable to contact the Stewards.
Further examination of Privato’s phone records disclosed no contact with persons identified by Stewards to have wagered on Gatt in the Jockeys Challenge.
Having regard to the evidence, the Stewards determined that C Lever had not breached the Rules of Racing and were satisfied his Agent had made an appropriate effort to notify the Stewards of the Jockeys decision not to ride.
However both Lever and Privato were instructed to be fully aware of the requirements of the Stewards directions issued in May 2010 and the contact details provided therein.
Stable Foreman S Kavanagh’s evidence to Stewards together with the examination of phone and wagering records revealed that he had wagered on jockey Gatt in the Jockeys Challenge prior to declaring his replacement riders.
The Stewards also noted that Kavanagh’s phone records included calls made or returned to stable clients and acquaintances prior to 10.30 am (CST) and Stewards noted from betting records that a small number of those persons had wagered on Gatt in the Jockeys Challenge prior to or about the time of the Steward’s public announcement.
Kavanagh explained that in all instances the calls identified occurred routinely on race mornings and, apart from a form expert, involved patrons of the stable.
Having fully considered the evidence, having noted that neither Trainers nor their authorized representatives are constrained from betting on thoroughbred racing, and having taken advice whether his actions had breached the Rules of Racing, the Stewards concluded that charges against S Kavanagh for possible breaches of the Rules could not be sustained.
The Stewards will make a recommendation to the TRSA Board to adopt as a Local Rule a direction provided to riders in South Australia in May 2010 in relation to the notification of their inability to ride and will propose a Local Rule to direct Trainers (and/or their authorised representatives) regarding their obligations in similar matters in the future.
Picture: Jenny Barnes
