The proverbial can of worms is set to see action this morning at 10.30am when the Victorian Civil and Administrative Tribunal (VCAT) meet. Jockeys Craig Williams and Nash Rawiller are seeking to have their riding suspensions from the Bendigo race meet put on a ‘stay of proceedings’ to allow them to race in the Melbourne Cup tomorrow.
This is not the first time athletes have utilised civil law proceedings to have decisions made by sporting administrative bodies to overturn decisions with the AFL seeing similar action before the 2005 Grand Final.
Under laws of precedence, there have been severe reservations to proceed down these murky waters across all codes. It is the absolute last resort and undermines sporting administrators and the values of the code.
The decision to uphold Williams and Rawiller’s suspensions after an appeals hearing at Racing Victoria on Friday has significant implications on the Melbourne Cup.
Williams has been booked to ride second favourite Dunaden who won the Geelong Cup and Rawiller Unusual Suspect.
Williams and Rawiller will claim that the connections of each horse prepared their mounts in the lead up to the Melbourne Cup under the assumption they would have had their booked jockey’s onboard. Whether this is a reasonable assumptions looks to be the crux of the hearing.
Hundreds of thousands of dollars have been spent on the preparation of these horses and that will be little compared to the possible prize money won in the Melbourne Cup with booked jockeys aboard.
Racing Victoria will use all historical evidence to say that jockeys who have caused interference in the past provide their own precedence in that, they will cause interference in future races.
The VCAT arbitrator must not use any racing knowledge to cloud judgement and therefore cannot undertake the assumption that all jockeys will cause interference some time in their career. A fact amongst regular punters.
The ethical dilemma of taking a sporting matter beyond the code administrators raises societal issues into the power of our governing bodies. Following a Friday morning hearing at Racing Victoria, Williams and Rawiller’s lawyer have attained a Monday morning hearing at VCAT where regular civil hearings take several weeks to be heard.
Under Racing Victoria law, the jockey’s must be suspended starting Monday which would rule out their Melbourne Cup rides. Williams and Rawiller will seek to begin their suspensions after the Melbourne Cup.
The laws of Racing Victoria are merely rules in the societal scheme of things therefore giving VCAT the power to overrule Racing Victoria by delaying the suspension but not overturning it.
It is dangerous territory. If the jockey’s are successful, this would create irreparable damage across other sporting codes.
Blessed with civil liberties, Williams and Rawiller are exercising their rights but hopefully common sense will prevail.
John D
Guest
The normal lead time for a Civil claim to be heard by the VCAT averages 6 to 7 MONTHS after application. What 'strings' were pulled to obtain a hearing within 48 hours? How can I or anyone else obtain such special treatment? It's an OUTRAGE!
Alfred Chan
Expert
Confirmed, Brad Rawiller takes the ride aboard Unusual Suspect.
Alfred Chan
Expert
Apologies again, Lisa Cropp rides Glass Harmonium.
Alfred Chan
Expert
Sorry, I meant Michelle Payne. Lindop rides on Glass Harmonium.
Alfred Chan
Expert
Williams and Rawiller have both been denied by VCAT. Christophe Lemaire arrived in Melbourne this morning and will take the ride on Dunaden. A jockey for Unusual Suspect is yet to be announced. The best jockey's without rides in the Cup already are Nick Hall, Brad Rawiller, Steven Arnold and Claire Lindop. Arnold looks too heavy and Lindop too light.
SpearTackle
Roar Rookie
There's been a delay till 2.30pm today. Christophe Lemair better be getting on a plane quickly. I can't immagine having a jockey fresh off the plane with an average nights sleep would be better than a local hoop. Nick Hall and Brad Rawiller are available and better options in my opinion than Lemair.
sheek
Guest
Look, I can understand both sides of the coin here. But it's not just about two jockeys here, but the trainers of the horses, the owners, the stables, & the punters who have placed bets on their mounts. And yes, I know every punter must be conscious of 'caveat emptor'. We had a rugby world cup semi-final ruined by the dismissal of a player at the quarter-mark of the match. Yes, he was guilty, but opinion is still divided on the necessity of the penalty imposed at the time. And it's true, all jockeys will interfere in their careers. It's a known risk they take regularly to ensure they give their mount & its connections) the best opportunity. Is it such a big deal if the jockeys seek a stay of proceedings of in effect, another 24 hours? Wouldn't it be best to not only have the best horses available racing in the Melbourne Cup, but also the best jockeys?
Macca
Guest
I don't see why VCAT would overrule here. Williams is sore loser who just wants to see his name in the record books. Terrible sportsmanship to go to VCAT.