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Bit Of A Yarn

Oatham SLAMS 'Lay advocate' from the Viaduct


Thomass

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So it appears the Trainers Association has been recommending a certain 'Lay advocate' from the Viaduct for cases deemed too tricky for a thick az Jockey or Trainer...

This bloke is 'laying' all over the show...

But he's casting aspersions on the Feds...wightly or wongly...and they're taking exception to it...

(a) Through Lay advocate from the viaduct he has contended that he only pleaded guilty to the charge because he believed he would only receive a lesser penalty than that was imposed.

(b) 'The lay' has advanced argument as to reasons why Mr McDonald had such belief. He alleged that the rider “should really never have entered a guilty plea as this was a minor indiscretion, but he was seduced into doing so with the promise of a light penalty.” He alleged that advice given to him by the Chief Stipendiary Steward as to the possible process of the Judicial Committee led him to believe “he was about to receive a 4 day penalty.”

(c) We record that Mr Oatham adamantly rejects the contention and any comments attributed to him as asserted by 'The Lay' are incorrect. At best, he said, Mr McDonald may have misconstrued any comments that were offered.

 

Edited by Thomass
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DECISION

1. Mr McDonald was charged with Careless Riding in breach of Rule 638(1)(d) following the running of the Karaka Million 3yo Classic at Ellerslie on 25 January 2020. He pleaded guilty. His licence to ride was suspended for 9 national New Zealand riding days, (to commence after racing on 27 January 2020) and he was fined $750.

2. He has appealed against the penalties imposed. Because his lay representative (on the Appeal) contended the period of suspension was running it was urgent that the Appeal be heard and the Tribunal requested, and received, written submissions on behalf of the Appellant and Respondent, and afforded the representatives the opportunity of expanding those, if they wished, by oral submissions in the telephone link.

3. The Tribunal, however, did not proceed to determine the merits, or otherwise, of the Appeal because it had granted Mr McDonald the benefit of a rehearing for the following reasons:

(a) Through Dr Molloy he has contended that he only pleaded guilty to the charge because he believed he would only receive a lesser penalty than that was imposed.

(b) Dr Molloy has advanced argument as to reasons why Mr McDonald had such belief. He alleged that the rider “should really never have entered a guilty plea as this was a minor indiscretion, but he was seduced into doing so with the promise of a light penalty.” He alleged that advice given to him by the Chief Stipendiary Steward as to the possible process of the Judicial Committee led him to believe “he was about to receive a 4 day penalty.”

(c) We record that Mr Oatham adamantly rejects the contention and any comments attributed to him as asserted by Dr Molloy, are incorrect. At best, he said, Mr McDonald may have misconstrued any comments that were offered.

(d) We were in no position to resolve the disputed facts and do not do so. If Mr McDonald’s guilty plea was not genuinely made as an informed admission of the charge, even though unwisely made and surprising for a senior rider, we concluded that he ought to have the opportunity of a rehearing if he wished. We were advised that that was his wish. So in the interests of fairness to the parties and in order for justice to be seen to be done, we have:

(a) Allowed him to change his plea to not guilty.

(b) Granted Mr McDonald a rehearing of the charge.

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Ok listen up...I'll say this but once...

This 'lay advocate'...alors 

The Court may appoint a Lay Advocate to support the young person and their whānau/family in Court. Lay Advocates are people with mana or standing in the young person's community. They make sure that the Court understands any cultural matters to do with the case as well as representing the family's views.

So this 'lay' has apparently got 'Mana'...and is 'culturally' aware of James McDonald's status in his Whanau community...

So obviously the 'Culture' of Jockeys is such that this 'lay' can call out Oatham and basically tell him he's lied...

Anyway it worked and he got some days off for T Boning an opponent 

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2 hours ago, Chief Stipe said:

More crap.

They "played the system" and succeeded.  Get over it.

What I will say though is that McDonald's "indiscretion" would have probably been overlooked in OZ.

he got a reduction in suspension days and a substantial increase in fine to $10k, so im not certain if they played and succeeded or played and lost. Only jmac could possibly answer that.. http://www.jca.org.nz/non-race-day-hearings/non-raceday-inquiry-riu-v-j-mcdonald-decision-dated-7-february-2020-chair-hon-j-w-gendall-qc

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3 minutes ago, crosscoded said:

he got a reduction in suspension days and a substantial increase in fine to $10k, so im not certain if they played and succeeded or played and lost. Only jmac could possibly answer that.. http://www.jca.org.nz/non-race-day-hearings/non-raceday-inquiry-riu-v-j-mcdonald-decision-dated-7-february-2020-chair-hon-j-w-gendall-qc

Given that the suspension days carry across both jurisdictions he probably won.  $10k is pocket change in Aussie racing.  Don't forget when he appealed he was still able to ride and I'm sure he picked up some good wins during that period.  Just a game.  

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16 hours ago, Chief Stipe said:

FFS it is not worse than what you see in the first 50m of any race.  Maybe thoroughbreds should have mobile starts!

It's called 'accidental v DELIBERATE'

FFS...riding DELIBERATELY and T boning another horse is disgraceful selfish riding...

...under the umbrella of 'COMPETITIVE'...

McDonald was desperate to win for the Shake...

Mohammed bin Kalifa Big Al Maktoum...cousin of Rashid

..who locks his daughters up...

where McDonald should still belong...locked away on the rails...

Behaving himself in a box...waiting patiently to get out

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