The British Horseracing Authority has announced its plan to review the structure of the appeal board following criticisms of the tone and management of the reduction of jockey Robbie Dunne's suspension for bullying female jockey Bryony Frost.
Award-winning turf writer Lee Mottershead wrote in the Racing Post how the appeal hearing, held in front of Anthony Boswood QC, Lord Christopher Rathcreedan, and Jeremy Philips, felt like he was “witnessing a scene more suited to a London gentlemen's members' club.”
The appeal board decided to reduce Dunne's suspension from the 18 months issued by the original disciplinary panel to 10 months.
(Read more about the original suspension and bullying case here.)
“While it is fair to point out that both sides received an opportunity to articulate their arguments before the independent Appeal Board, the BHA is aware of the criticisms of the tone and management of the Appeal Board hearing, and recognizes and shares these concerns,” the BHA said in a statement. “A review of the Appeal Board structure was discussed some time prior to this hearing and the BHA will be working with the independent Judicial Panel Chair on a review of the Appeal Board framework in the coming months. It is the BHA's view that such Panels, as well as having the appropriate legal skills and experience, ought also to be appropriately diverse and inclusive at all times.”
The BHA announcement follows the appeal board's publication of the written reasons for their decision.
“As we made clear at the end of the oral appeal hearing, we agree with the Disciplinary Panel that Mr. Dunne's behavior in bullying and harassing Ms. Frost over an extended period was reprehensible and disgraceful,” wrote the appeal board. “Bullying and harassing, whether on grounds of gender, race, age, amateur status or in any other circumstances, can never be acceptable in horseracing, or indeed in any other sport. Any jockey or other Person found to have committed such behavior must expect to receive serious punishment.
“Nevertheless, we feel that the penalty imposed on Mr. Dunne was excessively severe, involving as it did depriving him of the means of earning his living as a jockey for the greater part of two National Hunt seasons.”
The reasons the appeal board took that view, it wrote, was threefold. First, it found that there was only one offense rather than four. Second, it said the behavior did not occur in front of the wider public or racing community. Third, Frost did not accept Dunne's proffered apology.
“The decision of the independent Appeal Board confirms that Mr. Dunne's conduct, described as 'reprehensible and disgraceful', was of a nature that cannot and will not be tolerated anywhere within the sport of horseracing,” the BHA statement continued. “While the BHA considers the original 18-month period of suspension (with the final 3 months of this suspended) to have been an appropriate penalty for this conduct, it accepts the decision of the independent Appeal Board to reduce this penalty.
“Calling out this behavior required considerable courage and the BHA remains committed to creating an environment within our sport whereby everybody feels empowered to challenge inappropriate behavior where they see it and feels comfortable in doing so.”
(The full written explanation for the appeal board's decision can be found here.)
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