ROBBIE FITZPATRICK APPEAL BOARD RESULT

16 May 2007 Pre-2014 Releases

ROBBIE FITZPATRICK APPEAL BOARD RESULT

Published: Wednesday 16 May 2007

The Appeal Board of the HRA considered an appeal lodged by Robbie Fitzpatrick, a licensed jockey, against the decision of the Disciplinary Panel following its enquiry between 10th and 22nd January 2007 whereby:

The Panel found that Fitzpatrick was in breach of:

1. Rule 243 in respect of:

(a) All of the 21 races in which Robert Winston rode
(b) All of the 4 races in which Fran Ferris rode
(c) His ride on DIAMOND ORCHID (IRE)

by passing information that was not publicly available about the horses in question to Ian Nicholl for reward. A list of the above races is annexed to this decision.

2. Rule 241 (i) (b) because of his active obstructions of the investigation by failing to produce his mobile phone records for some three months and thereafter by disclosing an incomplete version of them.

3. Rule 220 (viii) because of the lies he told to Investigators about the nature of his relationship with Nicholl, Winston and Ferris.

The Panel imposed the following penalties on Fitzpatrick:

In respect of the breaches of Rules 243 the Panel determined that Fitzpatrick must be declared a disqualified person for a period of three years.

For the breaches of Rules 220 (viii) and 241 the Panel imposed a composite penalty of 12 months suspension of licence, to run concurrently with the disqualification.

Grounds for Appeal

Fitzpatrick’s grounds for appeal were:

(a) The Panel misconstrued or wrongly applied Rule 243 in respect of all the races that he was found in breach of.
(b) Further or alternatively the penalty imposed by the Disciplinary Panel in respect of the breaches of Rule 243 was disproportionate.

Having considered the evidence, including papers that were before the Disciplinary Panel, a transcript of part of the original hearing, both written and oral legal submissions on behalf of both Fitzpatrick and the HRA, the Board decided that:

a) The Panel was correct to conclude that the information passed by Fitzpatrick to Mr Nicholl was “information about a horse which is not publically available” within the meaning of Rule 243;

b) The penalty of 3 years disqualification was not disproportionate in the light of the finding that he was the ringleader of the operation and played a pivotal role throughout. The Panel was correct to hold that Fitzpatrick’s direct involvement in the arrangement that Ferris would ride horses to lose, if necessary, fully justified the penalty imposed and sufficiently explained it in relation to the penalties imposed on others before the Panel.

The Appeal Board dismissed the appeal and awarded the HRA a contribution towards the cost of the appeal of £4,000. No application was made for the return of the deposit of £800 and it was therefore forfeited.

Appeal Board: Sir Roger Buckley (Chairman), Christopher Hodgson and John Wallinger

16th May 2007

Notes for Editors:

1. Fitzpatrick was represented by barrister Andrew Monson. The HRA was represented by barrister Jacob Dean.

2. Fitzpatrick’s disqualification begins tomorrow, 17th May. As a disqualified person he is unable to enter either racecourses or training yards.

ANNEX A

Race No. DATE HORSE COURSE TIME JOCKEY FINISHING POSITION
1 16/6/03 THE GAMBLER Musselburgh 15.30 Fletcher 6/7
2 18/6/03 TOP OF THE CLASS (IRE) Hamilton 15.30 Ferris 7/10
3 19/6/03 DOMINION ROSE (USA) Ayr 21.35 Winston 6/10
4 23/6/06 PENRIC Windsor 20.35 Ferris 4/8
5 26/6/03 FRIAR TUCK Hamilton 21.30 Winston 7/8
6 29/6/03 TOPTON (IRE) Doncaster 14.45 Winston 13/13
7 7/7/03 SCONCED (USA) Musselburgh 16.15 Fletcher 5/9
8 25/7/03 RISK FREE Wol’hampton 16.35 Fletcher 1/12
9 29/8/03 DARK CHAMPION Ayr 16.35 Winston 3/6
10 26/9/03 MYANNABANANA (IRE) Southwell 14.50 Winston 6/15
11 30/9/03 SPRING BREEZE Nottingham 16.45 Winston 11/16
12 1/10/03 CATCH THE CAT (IRE) Newcastle 17.10 Fletcher 16/18
13 4/10/03 SARRAAF (IRE) Redcar 15.40 Winston 12/16
14 4/10/03 HOH’S BACK Wol’hampton 21.30 Fletcher 12/13
15 7/10/03 BOND MOONLIGHT Southwell 16.40 Winston 4/13
16 14/10/03 DIAMOND ORCHID (IRE) Ayr 15.50 Fitzpatrick 2/16
17 18/10/03 SMART DANNY Catterick 15.45 Winston 5/5
18 21/10/03 BLANDYS (IRE) Southwell 16.10 Fletcher 8/15
19 22/10/03 PENNY HA’PENNY Newcastle 17.05 Winston 15/19
20 25/10/03 LUCAYAN DANCER Doncaster 16.50 Winston 4/20
21 28/10/03 UHOOMAGOO Redcar 13.45 Winston 12/16
22 1/11/03 AL AWWAM Wol’hampton 20.00 Winston 6/13
23 1/11/03 NORTHERN GAMES Wol’hampton 20.30 Winston 4/12
24 3/11/03 SUNDRIED TOMATO Redcar 14.40 Fletcher 10/15
25 4/11/03 CRESKELD (IRE) Catterick 14.50 Winston 8/13
26 7/11/03 CATCH THE CAT (IRE) Doncaster 13.00 Winston 9/22
27 19/11/03 LANDING STRIP (IRE) Southwell 14.05 Ferris 4/15
28 21/11/03 CLAPTRAP Wol’hampton 15.00 Ferris 7/11
29 6/11/03 YENALED Wol’hampton 21.30 Winston 5/8
30 13/12/03 PLATINUM CHARMER (IRE) Southwell 13.00 Winston 4/11
31 17/12/03 TATWEER (IRE) Lingfield 15.00 Winston 11/13
32 21/12/03 LIZHAR (IRE) Wol’hampton 12.40 Fletcher 5/5
33 3/1/04 GEORGE STUBBS (USA) Lingfield 11.40 Fletcher 7/8
34 3/1/04 ALTARES Lingfield 13.15 Winston 10/10
35 4/1/04 MADIBA Southwell 14.00 Winston 1/6
4/1/04 MAKE MY HAY Southwell 14.00 Fletcher 3/6
36 17/1/04 LARKY’S LOB Southwell 16.10 Fletcher 4/9
37 29/2/04 SERGEANT SLIPPER Southwell 15.25 Fitzpatrick 2/15