The National Horseracing Authority confirms that an Appeal against the penalty imposed by an Inquiry Board upon Jockey W Agrella on 22 October 2015, was heard in Johannesburg on 16 March 2016.
Background
Wayne Agrella
The Inquiry Board charged Jockey Agrella with a contravention of Rule 72.1.38 read with Rule 21.2 in that as a jockey subject to the Rules of the NHA, he placed bets directly and indirectly on races run at the Vaal Racecourse, at Hollywood Bets in Newton Park, Port Elizabeth, on 3 September 2015, as well as on several overseas race meetings.
Mr Agrella pleaded guilty to the charge and was found guilty of the charge.
After adjourning to deliberate on penalty, the Inquiry Board reconvened on 3 November 2015 and gave regard to the definition of the words RACE and RULES in the NHA Rules which state –
DEFINITION OF THE WORD “RACE” –
1.1.54 – RACE – a horse race held in terms of the RULES.
DEFINITION OF THE WORD “RULES” –
1.1.67 – RULES – the rules of The National Horseracing Authority made by The National Board in terms of the Constitution as amended from time to time.
The Board ruled that races bet on outside the jurisdiction of The National Horseracing Authority of Southern Africa could not be deemed breaches of the NHA Rules.
The Board having regard to all factors stated in mitigation and aggravation ruled that an appropriate penalty be that Jockey Agrella be suspended from riding in races for a period of 90 days.
The Appeal Board, after having given regard to the documentation submitted by both parties and the submissions made on the day, and acting in terms of Rule 85.5.3, set aside the penalty imposed by the Inquiry Board and substituted it with a penalty of a suspension from riding in races for a period of 30 days.
The Appeal Board further ruled that Jockey Agrella’s appeal deposit fee be refunded.
