Jmac in big strife - Jockey - Racehorse TALK harm-plan

Racehorse TALK



Jmac in big strife - Jockey - Racehorse TALK

Author Topic: Jmac in big strife  (Read 25936 times)

0 Members and 1 Guest are viewing this topic.

Offline JWesleyHarding

  • Group 1
  • User 231
  • Posts: 18618
« 2016-Dec-17, 12:36 PM Reply #50 »
If they're not prepared to back there own mounts they shouldn't be permitted to ride in the race.


Offline Peter Mair

  • Group 2
  • User 326
  • Posts: 4502
« 2016-Dec-17, 07:42 PM Reply #51 »


This matter is closed -- it is over -- it is inconceivable that JMC placed a bet on a horse he was riding.
Conversely -- it is entirely appropriate that various 'connections' may have contributed to a sling based on his successful performance but that is nothing for the stewards to be interested in,  no matter what may have been said in a phone call big noting the grateful 'slinger' .

Offline gunbower

  • Group3
  • User 2463
  • Posts: 852
« 2016-Dec-17, 10:02 PM Reply #52 »
JWH some of your posts are absolute crap. So you think it is okay for a jockey to have lets say $ 2000 on won he is riding at evens . Great ! What if he lays the same horse back to lose $6000 in another name ? Welcome to reality .

Offline Peter Mair

  • Group 2
  • User 326
  • Posts: 4502
« 2016-Dec-18, 07:28 AM Reply #53 »


Jockeys are rewarded for winning -- including slings from grateful connections and more winning riding opportunities.

Offline JWesleyHarding

  • Group 1
  • User 231
  • Posts: 18618
« 2016-Dec-18, 08:32 AM Reply #54 »
JWH some of your posts are absolute crap. So you think it is okay for a jockey to have lets say $ 2000 on won he is riding at evens . Great ! What if he lays the same horse back to lose $6000 in another name ? Welcome to reality .

10 years for betting against he mount no matter what the stake.

Offline ACER

  • Group 2
  • User 1183
  • Posts: 1527
« 2016-Dec-18, 08:42 AM Reply #55 »
If jockeys start betting on their mounts I hope they triple the amount of ambulances following the field around.

Offline arthur

  • Group 2
  • User 446
  • Posts: 2617
« 2016-Dec-18, 11:28 AM Reply #56 »
Only need one currently . . .

And 90% of the pygmies are on the punt; though not always on their own mount  :bop:

Offline PoisonPen7

  • Group 1
  • User 55
  • Posts: 20453
« 2016-Dec-18, 12:21 PM Reply #57 »
Only need one currently . . .

And 90% of the pygmies are on the punt; though not always on their own mount  :bop:

Yes. And with the advent of national (and increasingly international scrutiny) of their riding via ubiquitous race replays, and mobile phone records, and the co-operation of wagering operators in releasing betting records to authorities, it is much more obvious than in the past when it happens.

Rest assured that James McDonald will not be found to be "in the pocket" of a professional punter.

James McDonald had been guided and polished by highly respected NZ er's, long before he arrived on these shores. 
At 23 he has associated himself with someone he could have probably done without.

I'm sure most of us  have been there.

Nemesis is right. What is not helping McDonald is the fact that Gardiner's lawyer has instructed his client not to co-operate. Gardiner should man up and take the rap if he truly thinks of McDonald as a friend.

A young 24 year old who did not need the money but probably felt obliged to accept it out of respect for someone who called himself a friend is increasingly looking like paying a big price for that friendship. McDonald's lawyer seems to be advising him to resign, close his eyes and click the heels of his red ruby slippers together and repeat there's no place like home over and over.

The old saying "honesty is the best policy" might be the optimum strategy here for all parties involved. Why doesn't it surprise me that the lawyers, on the surface of it, seem to be advising their clients to perform actions that will only lead to this thing being drawn out over a long period in the public eye.

It is not as if they murdered someone, but it is fast devolving into that.

Offline Arsenal

  • VIP Club
  • Group 1
  • User 194
  • Posts: 15454
« 2016-Dec-20, 05:56 PM Reply #58 »
Racing NSW has announced the hearing of the charge under AR83(d) will be held on Thursday commencing at 1pm.

AR83(d) carries a two year penalty

McDonald still facing two years

BY Matt Kelly - @matty_kel

1 hour ago Horse Racing

James McDonald could be served with a two year ban by the end of the week, with an inquiry into an interest in a bet, to be held in Sydney on Thursday.

McDonald has been charged under rule AR83(d) which states a jockey may be penalised ‘If he bet, or has any interest in a bet on any race.’

RNSW chief steward Marc Van Gestel told G1X.com.au that the offence still carried a mandatory two-year disqualification, but that special circumstances could see a reduced penalty if McDonald was found guilty.

“It does (carry a two-year disqualification), that’s the mandatory minimum penalty, but there are special circumstances stewards can consider relative to penalty,” Van Gestel said.

“It depends on whether the stewards agree that there are special circumstances in respect to it.”

The charge surrounds an interest in a bet McDonald had on Astern to win in Race 1 Surf Meets Turf Plate at Royal Randwick on Saturday December 5, 2015; a horse that he rode to victory in that race.

Van Gestel also said Anthony Gardiner, the punter allegedly at the centre of the bet, had yet to make contact with officials, despite numerous requests to be interviewed.

Special circumstances as outlined by the local rules might be considered in the event of a guilty finding

(5) Where a person is found guilty of a breach of any of the Rules listed below, a penalty of disqualification for a period of not less than the period specified for that Rule must be imposed unless there is a finding that a special circumstance exists whereupon the penalty may be reduced:
(2) For the purposes of AR196(5), special circumstances means whe
(a) the person has pleaded guilty at an early stage and assisted the Stewards or the Board in the investigation or prosecution of a breach of the Rule(s) relating to the subject conduct; or
(b) the person proves on the balance of probabilities that, at the time of the commission of the offence, he:
(i) had impaired mental functioning; or
(ii) was under duress,
that is causally linked to the breach of the Rule(s) and substantially reduces his culpability.

Giddy Up :beer:



Offline Peter Mair

  • Group 2
  • User 326
  • Posts: 4502
« 2016-Dec-20, 06:16 PM Reply #59 »



My money is on 'offence not proven'  --- always a good bet in the justice stakes.

Offline dean

  • Listed
  • User 2423
  • Posts: 274
« 2016-Dec-20, 08:16 PM Reply #60 »
Does anyone know if Mc Donald is an Australian citizen ? If not I wonder what is the length and conditions of his Visa. I know that if I was in the USA and found to be keeping the Company of various individuals in all likelihood my Visa would be cancelled. Wonder if it applies to the so called wonder boy?

Offline Peter Mair

  • Group 2
  • User 326
  • Posts: 4502
« 2016-Dec-20, 08:31 PM Reply #61 »


NZ'ers tend to make better Australians than we do these days -- he is a good example.

Offline nemisis

  • Group3
  • User 2461
  • Posts: 829
« 2016-Dec-20, 08:32 PM Reply #62 »
Does anyone know if Mc Donald is an Australian citizen ? If not I wonder what is the length and conditions of his Visa. I know that if I was in the USA and found to be keeping the Company of various individuals in all likelihood my Visa would be cancelled. Wonder if it applies to the so called wonder boy?
           Dean,

           NZ citizens don't require a visa to work here.
           NZ residents do.

         

Offline gunbower

  • Group3
  • User 2463
  • Posts: 852
« 2016-Dec-20, 10:46 PM Reply #63 »
P Mair , It looks like you are in one of those" spoiling" moods. Yes he is a model citizen J Mc Donald. In complete contravention of his NSW jockey license he is accused of consorting with a professional punter who now has been warned off. Shades of the old jockey tapes and that other wonderful Kiwi J Cassidy, who I remember seemed to also do some time for a drug issue. Not to mention the mug lair jockey from NZ who did his punting in Vanuatu. Mc Donald and his ilk need to sit down with G Hall and see how it can all go wrong. I used to observe him at some casinos and it was only ever going to be a matter of time.

Offline j.r.b.

  • Group 2
  • User 230
  • Posts: 1902
« 2016-Dec-22, 02:50 PM Reply #64 »
Pleaded guilty to having a $1,000 interest in a bet on Astern on debut.

Disqualified for 18 months.

Offline j.r.b.

  • Group 2
  • User 230
  • Posts: 1902
« 2016-Dec-22, 03:52 PM Reply #65 »
Released from contract with Godolphin with immediate effect.

Curiously though, they say that they "will continue to support him throughout his suspension."

Curious, because firstly, there's a big difference between a suspension and a disqualification. McDonald's been disqualified as far as I am aware.

Secondly, Godolphin's history shows that they are incredibly (some might say too) loyal and supportive of their people, that is, unless and until you break the rules. Then they drop you like a stone.

 

Offline HarmersHaven

  • Open
  • User 1861
  • Posts: 196
« 2016-Dec-22, 05:11 PM Reply #66 »

This matter is closed -- it is over -- it is inconceivable that JMC placed a bet on a horse he was riding.

Offline Peter Mair

  • Group 2
  • User 326
  • Posts: 4502
« 2016-Dec-22, 06:14 PM Reply #67 »


It so remains 'inconcievable'

-- the idea that he had 'an interest' in a bet placed by someone else is entirely  sensible and sound -- and hardly an 'offence' even if someone said they were 'putting a bet on for him'.

........ as an industry practice, this is the stuff of legend............. as is the promise of a 'sling' tied to a winning bet on the horse.

Unless there is more to an untold story the penalty should be set aside on appeal.

Offline Jeunes

  • VIP Club
  • Group 2
  • User 296
  • Posts: 2658
« 2016-Dec-22, 06:45 PM Reply #68 »
Pleaded guilty to having a $1,000 interest in a bet on Astern on debut.

Disqualified for 18 months.

Tough when compared to Oliver who had a bet on the opposition.

Offline dean

  • Listed
  • User 2423
  • Posts: 274
« 2016-Dec-22, 07:04 PM Reply #69 »
Correct Jeunes, but it says more about the Oliver farce than having any quarrel with this decision. If they were fair dinkum Oliver should still be cooling his heels. Then again it was his first ever bet !

Offline Arsenal

  • VIP Club
  • Group 1
  • User 194
  • Posts: 15454
« 2016-Dec-22, 07:45 PM Reply #70 »
Stewards Report - James McDonald



Racing NSW Stewards today commenced the hearing of a charge issued against licensed jockey James McDonald under AR83(d).

AR 83. Every jockey or apprentice may be penalised --

(d) If he bet, or has any interest in a bet on any race, or contingency relating to thoroughbred racing involving a race in which he is riding. For the purposes of this rule, bet includes a lay bet (as defined in AR175B(7)).

The details of the charge being that he had an interest in a bet on the horse Astern to win in Race 1 Surf Meets Turf Plate at Royal Randwick on Saturday 5 December 2015, being a horse that he rode in that race.

By leave jockey James McDonald was assisted by barrister Mr Matthew Stirling during today’s hearing. Racing NSW General Counsel Mr Pete Sweney assisted the Racing NSW Stewards.

Background

Prior to the commencement of the hearing of the charge against Mr McDonald, the Stewards provided some background and information in respect of the matters that led to the laying of the charge against James McDonald, particularly as the investigations to date, including a number of interviews, have been conducted in private. The background and information provided by the Stewards was as follows:

1.   Early this year, Racing NSW opened an investigation, in conjunction with the Australian Criminal Intelligence Commission, into the conduct of licensed jockey James McDonald and, in particular, his association with punter Mr Anthony Gardiner. A focus of the investigation at an early point was Race 1 – Surf Meets Turf Plate at Randwick on 5 December 2015, when James McDonald was the rider of the winner, Astern.

2.   The investigation escalated on 3 September 2016, being the day of the Tramway Stakes at Royal Randwick, when the Stewards interviewed James McDonald at the conclusion of this meeting and established:

a.   James McDonald was the rider of Hauraki, the subsequent winner of the Tramway Stakes.

b.   Mr Gardiner was present on course at Royal Randwick that day and was observed by Racing NSW Stewards to have backed and/or attempted to back the 3rd placegetter and $4 favourite Dibayani. Interviews conducted thereafter confirmed Mr Gardiner had bets placed on his behalf on Dibayani to win the Tramway Stakes.

c.   Soon after Mr Gardiner was observed to have walked to the Theatre Of The Horse whereby he was observed to have attempted to or did make contact with some of the jockeys riding in this race.

d.   Mr Gardiner was then observed to then quickly proceed to the horse tunnel where the field was entering the course, whereby a brief acknowledgement between James McDonald and Mr Gardiner took place as Hauraki approached the race track. This contact was confirmed after viewing the official patrol films.

e.   Prior to the running of the Tramway Stakes, Chairman of Stewards Marc Van Gestel contacted James McDonald behind the barriers to advise the Stewards were aware of Mr Gardiner’s presence on course, his betting activities and his contact with James McDonald. A warning in respect to his riding of Hauraki was given to jockey James McDonald.

f.   James McDonald was warned in respect to his association with Mr Gardiner during an interview at the conclusion of this race meeting.

3.   The Stewards then conducted a series of interviews and a thorough forensic analysis of financial and communication records which established the following in respect of the betting activities of Mr Gardiner and others on horses ridden by jockey James McDonald:

a.   Race 1 – Surf Meets Turf Plate at Randwick 5 December 2015
The evidence established that bets placed on behalf of Mr Anthony Gardiner on Astern resulted in a profit in excess of $125,000. Financial records obtained confirmed the proceeds of these bets were deposited into a bank account operated by Mr Gardiner. Jockey James McDonald provided evidence that he profited by receiving $4000 cash from Mr Gardiner, the proceeds of bets Mr Gardiner had placed on his behalf. After reviewing jockey James McDonald’s financial and communication records the evidence did not establish any further payment to James McDonald. However, it is noted by Stewards that forensic imaging of James McDonald’s mobile phone and another close associate of James McDonald had data unable to be captured for the period 5 October 2015 to 6 December 2015. Neither, James McDonald nor his close associate could offer an explanation as to why this data was not available and denied having intentionally deleted the data for this period.

b.   Race 7 – Longines Golden Slipper at Rosehill 19 March 2016

The evidence established that:

• A pre-post bet, to win in excess of $100,000, was placed on Astern to win the Longines Golden Slipper prior to Astern winning the Surf Meets Turf Plate at Randwick on 5 December 2015.

• In the lead up to 19 March 2016, a number of multi-bets and doubles were placed on behalf of Mr Gardiner “anchoring” Astern to win the Longines Golden Slipper, with a potential profit of in excess of $300,000 had Astern won the Longines Golden Slipper.

• Bets placed on behalf of Mr Gardiner on Astern to win the Longines Golden Slipper on race day, would have returned an expected profit in excess of $250,000.

After reviewing jockey James McDonald’s financial and communication records the evidence does not establish any payment had been made from James McDonald to Mr Gardiner or any other party to fund the placing of these bets.

Jockey James McDonald denied any involvement or knowledge in respect to these bets.

c.   Race 6 – De Bortoli Golden Rose at Rosehill 10 September 2016

The evidence established that a number of pre-post bets, to win approximately $25,000, was placed on Astern to win the De Bortoli Golden Rose by a close associate of jockey James McDonald. The bets were placed on 21 August 2016, two days after Astern had won a barrier trial in the lead up to winning the Run To The Rose on 27 August 2016, prior to winning the De Bortoli Golden Rose.

After reviewing jockey James McDonald’s financial and communication records the evidence does not establish any payment or proceeds of the winning bet being made to James McDonald. The Stewards note that this associate also advised he was placing bets on behalf of Mr Gardiner, however advised this bet was for himself. Financial records show that whilst this associate had transferred funds to Mr Gardiner over a period of time, no transfer around this time to Mr Gardiner was made nor was a transfer of funds in the vicinity of $25,000 made.

4.   Despite the warning of 3 September 2016 in respect to his association with Mr Gardiner the communication records show that James McDonald was still in daily contact with Mr Gardiner with multiple calls being made between the parties prior to and subsequent to 3 September 2016. Further the forensic imaging showed that an attempt had been made to delete all message communication between James McDonald and Mr Gardiner, which was ultimately retrieved by the forensics experts engaged by the Stewards. No adverse findings in respect to those messages have been made by the Stewards other than to confirm James McDonald and Mr Gardiner had met in person on numerous occasions.

Hearing of charge

Jockey James McDonald pleaded guilty to the charge issued against him under AR83(d). Mr Stirling made submissions on behalf of James McDonald, a number of which focused on the interpretation of the Rules of Racing, and in particularly the mandatory minimum penalty provisions in AR196(5), the applicable special circumstances pursuant to Racing NSW Local Rule 108(2) and AR83(d).

After considering the submissions of Mr Stirling, the Stewards issued a period of disqualification against James McDonald of 18 months to commence on 15 November 2016, the day he voluntarily stood himself down and to expire on 15 May 2018.

The matters considered by the Stewards in issuing penalty included the following:

1.   The Stewards did not accept Mr Stirling’s submission that there should be a differentiation of offences under AR83(d) between betting on your own horse in a race a jockey rides in and betting on another horse in a race a jockey rides in. Mr Stirling submitted that, in the circumstances, the offence of James McDonald betting on his own horse is a lesser offence than betting on a competing horse, such as in the Oliver case. The Stewards did not accept that submission. If that was the intention of the rule, then the administrators would have drafted the rule in that way.

2.   The Stewards also did not accept Mr Stirling’s submission that if special circumstances are established, then the mandatory minimum penalty does not apply at all meaning that the Stewards should have no regard to the applicable two-year mandatory minimum penalty. The Stewards find that AR196(5) is clear in its wording where it states that “unless there is a finding a special circumstance exists whereupon the penalty may be reduced:” (emphasis added). Having regard to this rule, in the opinion of the Stewards, the starting point for an offence under this rule is a two year disqualification, which may be reduced if special circumstances exist.

3.   Mr Stirling submitted that Stewards should be guided by the precedent penalties of Oliver, Shinn and Robl. In this respect, the view of the Stewards is that these offences were all committed prior to the introduction of AR83(d) and, more particular AR196(5), the introduction of mandatory penalties when a line in the sand was drawn by the administrators. As such, those precedents are of little assistance given the mandatory minimum penalty regime.

4.   The Stewards also took into account James McDonald’s clean record, his good character (including the many references), his contrition and his relative youth and experience in determining that the starting point was the mandatory minimum of a period of disqualification of two years, rather than a higher starting point.

5.   Having regard to the guilty plea entered by James McDonald at the first available opportunity and the assistance he did provide at stages of the investigation, the Stewards find that special circumstances do exist, within the meaning of Racing NSW Local Rule of Racing 108(2)(a). Accordingly, the Stewards reduced the two year mandatory minimum penalty by 25% to a period of disqualification of 18 months. In circumstances whereby James McDonald voluntarily stood himself down from riding the Stewards issue a period of disqualification against James McDonald of 18 months to commence on 15 November 2016, the day he voluntarily stood himself down and to expire on 15 May 2018.

James McDonald was advised of his rights of appeal.

Racing NSW Stewards advise that the investigation in respect to the activities of Mr Gardiner and his associations with parties that have been interviewed, remain ongoing until such time that notice is provided that the matter is closed.

The relevant Rules of Racing in respect of mandatory minimum penalties and applicable special circumstances are set out below.

AR196(5) states:

(5) Where a person is found guilty of a breach of any of the Rules listed below, a penalty of disqualification for a period of not less than the period specified for that Rule must be imposed unless there is a finding that a special circumstance exists whereupon the penalty may be reduced:

AR83(d) – 2 years

For the purpose of this sub-rule, a special circumstance is as stipulated by each Principal Racing Authority under its respective Local Rules.

LR 108 states:

(2) For the purposes of AR196(5), special circumstances means whe

(a) the person has pleaded guilty at an early stage and assisted the Stewards or the Board in the investigation or prosecution of a breach of the Rule(s) relating to the subject conduct; or

(b) the person proves on the balance of probabilities that, at the time of the commission of the offence, he:
(I) had impaired mental functioning; or
(ii) was under duress,
that is causally linked to the breach of the Rule(s) and substantially reduces his culpability.

(d) the person proves, on the balance of probabilities that, he did not know, ought not to have known and would not have known had he made all reasonable inquiries, that his conduct was in breach of the Rules of Racing.



Outed for 18 months as has been previously posted ......stewards gave him a 25% reduction for his early guilty plea and assistance but they rejected the submission of McDonald's brief Mr Stirling  that, in the circumstances, the offence of  betting on his own horse is a lesser offence than betting on a competing horse, such as in the Oliver case. The Stewards did not accept that submission. If that was the intention of the rule, then the administrators would have drafted the rule in that way........what does the man in the street think......I think  Mr.Stirling made a very valid point.......and one which he could possibly argue should it be decided to appeal the severity of the sentence .
McDonald shouldn't need to be told twice that he should  steer clear of punters in future.

Interesting sidelight is the fact that stewards "livened" McDonald up on Hauraki after observing the interaction between the jockey and the punter who had been observed backing another runner in the race .....as it turned out Hauraki won .

Giddy Up :beer:

[/color]
« Last Edit: 2016-Dec-22, 07:50 PM by Arsenal »

Offline nemisis

  • Group3
  • User 2461
  • Posts: 829
« 2016-Dec-22, 07:51 PM Reply #71 »
This seems a massive overkill to me.

I wonder if Marc Van Gestel is putting his stamp on Sydney racing just as John Shreck did when he first rode into town in the 1980's.
 On the evidence I've seen I feel there are much bigger integrity issues in racing than this.

Anyway I'm sure young James will be back with a slightly smarter head on his shoulders.

Offline Arsenal

  • VIP Club
  • Group 1
  • User 194
  • Posts: 15454
« 2016-Dec-22, 08:13 PM Reply #72 »
G1X Report

In a two-hour inquiry at Racing NSW HQ, it was revealed McDonald profited $4000 from a $1000 bet, placed on his behalf by punter Anthony Gardiner, after Astern won the Surf Meets Turf Plate at Randwick.

It was also revealed that -
Gardiner made $125,000 profit when Astern, backed in from $4.60 to $3.50, won on debut.
McDonald’s association with Gardiner escalated on Tramway Stakes day at Randwick on September 3 this year, when stewards observed a brief acknowledgment between the pair as the horses went out onto the track.
Chief steward Marc Van Gestel subsequently contacted McDonald behind the barriers to tell him they were watching him before he rode Hauraki to victory in the Tramway.
Stewards were unhappy that data could not be retrieved from a close associate of McDonald between October 5 and December 6 of last year.
McDonald had ignored repeated phone calls in recent weeks from Gardiner, and Gardiner had even shown up at McDonald's house where he was told to leave by the jockey's brother.
McDonald had since donated the $4,000 he profited from the bet to charity.

McDonald confirmed via social media that he will be making an appeal, tweeting: "I made a mistake and broke the rules. I accept responsibility for that. But I am so disappointed with the penalty and will appeal."

Gardiner has refused repeated requests from Racing NSW stewards to be interviewed.

Giddy Up :beer:


Offline gunbower

  • Group3
  • User 2463
  • Posts: 852
« 2016-Dec-22, 10:53 PM Reply #73 »
What a lot of anticipated rot. He got caught breaking the rules and now the "bleeding hearts " are out in force to say how harshly "James " has been dealt with. Strewth I need a bucket if I hear anymore about  his gifts to charity and God know what about his genuine remorse. Our jails are filled with people with "genuine remorse ". The old genuine remorse sets in when you get caught. Jockeys have been in the pockets of big punters since Racing began. The Kiwi's problem is he got nabbed on this occasion. We haven't heard anything from him on how many other times he was smart enough to get away with it. Must admit his absence hasn't made one slab of difference to me .Good riddance.

Offline Stan Still

  • Listed
  • User 485
  • Posts: 457
« 2016-Dec-23, 07:13 AM Reply #74 »
There is obviously something wrong with australian racing, victoria is running a roulette wheel on administrators, nsw is run by that control freak v'landys and his cohort messara and queensland well its a three ring circus run by monkeys, sa racing is broke and you can forget the rest. just to make us look a bit more amateurish sydney stewards ban a jock for having a $1000 bet on his own mount for TWO YEARS !!!! in some civilized countries jockeys are allowed to bet and some even allowed to train a horse officially. i see where they want to bring in non racing people to run racing, surely on an island like austraia a national racing body should be formed to run the industry not a host of breeders intent on lining their own pockets and are not subject to any regulation for instance messara bouncing up prizemoney for a race a horse he had interests in was highly fancied for and actually won....and he gets nought. Fair suck folks !!!!


BACK TO ALL TOPICS
Sitemap