I am making the point that just because sportsmen/women involve themselves in dangerous activities and do it voluntarily does not mean that there are not circumstances in which successfully suing another participant or regulatory body is feasible.

here we go

Gibbons' breath smelled of alcohol at Kempton, Jim Crowley tells High Court
Jim Crowley told the High Court it was "quite a common occurrence" to smell alcohol on the breath of Graham Gibbons
Jim Crowley told the High Court it was "quite a common occurrence" to smell alcohol on the breath of Graham Gibbons
Edward Whitaker (racingpost.com/photos)
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By Chris Cook, Senior reporter
UPDATED 6:57PM, NOV 30 2021
 
Graham Gibbons' breath smelled strongly of alcohol on the day in 2016 that horses ridden by him and Freddy Tylicki collided at Kempton, Jim Crowley told the High Court on Tuesday.

The former champion jockey was giving evidence on the second day of a week-long hearing at which Tylicki, who was paralysed by the subsequent fall, seeks to establish that Gibbons was to blame and should have to pay him substantial damages, which Gibbons denies.

"It was quite a common occurrence," Crowley said of smelling alcohol on Gibbons' breath while the two were working. "I was used to it and so were other members of the weighing room."

Crowley did not argue with a suggestion from Gibbons' barrister, Patrick Lawrence QC, that Gibbons had not given any other sign of being under the influence. Lawrence added that, if he had, Crowley would have been duty bound to report it to the stewards.

Gibbons admitted to his long struggles with alcohol when taking to the witness stand later. He acknowledged he had lost his licence for drink-driving on four occasions, had been imprisoned for the same reason and had been banned from race-riding at one stage after testing positive for cocaine and asking an apprentice to swap urine samples in an attempt to evade a drugs test.

Cross-examined by Edward Faulks QC, representing Tylicki, Gibbons was asked if he had ever ridden horses under the influence of alcohol. "Maybe," he replied.

Gibbons flatly denied riding horses under the influence of drugs. Asked about the occasion on which he failed a raceday test for cocaine, he offered: "It was in my system, but I wasn't under the influence."

He sought to cast doubt on Crowley's recollection of there being alcohol on his breath on the specific day of the Kempton incident, saying: "That's one person's opinion of that one day. There were 35 other jockeys in the weighing room on the same day and none of them smelled alcohol, and if they had, the stewards would have been alerted."

But Gibbons did not rule out the possibility that Crowley may have been right. When pressed by Faulks, he said he could not himself be sure but described Crowley's assertion as "questionable".


Graham Gibbons: described Jim Crowley's assertion as "questionable"
Graham Gibbons: described Jim Crowley's assertion as "questionable"
Mark Cranham (racingpost.com/photos)
Their fellow jockey Pat Cosgrave travelled back from Dubai to give evidence, conceding he had changed his stance since telling stewards on the day that Tylicki had been "ambitious" in moving forwards between Gibbons' mount and the rail.

"In my opinion, he was nearly upsides at one point on the bend, or close to it, so there was obviously room to go there at some stage," he told the court. "If there wasn't, he would never have got that far."

Asked why he had not told the stewards that, Cosgrave said: "It's a code of conduct in the weighing room to stay as neutral as possible, to not get involved or say too much."

Judge Karen Walden-Smith pressed him on that point and he said: "It hadn't that much to do with me. It was for the stewards to determine between Mr Gibbons and Mr Tylicki whose fault it was."

Lawrence suggested his evidence was affected by "a perfectly natural perception that Mr Tylicki has suffered terrible injuries and it would be a good thing if he got some compensation", which Cosgrave denied.

At another point in his questioning, Lawrence provoked brief sensation in the court by asking Cosgrave: "Are you aware on the jockeys' grapevine of a disgraceful incident a few months ago when a well-known former jockey tried to pressure Mr Gibbons to give evidence to help Freddy Tylicki and then assaulted him?"

"No," replied Cosgrave, as Faulks shot to his feet, describing the question as "out of the blue" and not mentioned pre-trial, including in Gibbons' own statement.

"It's not material to any case I want to advance," Lawrence told the judge. "I'm putting it to this witness, as I think I'm entitled to do." The alleged incident was not mentioned again, including while Gibbons gave evidence.

Asked about the mid-race incident which resulted in Tylicki's injuries, Gibbons insisted his mount Madame Butterfly had never been more than half a horse's width from the inside rail after starting to turn out of the back straight. He said he had had no idea that Tylicki on Nellie Deen was on his inner until he felt contact from behind and heard the other man cry: "Gibbo!"

Watching footage of the race, he insisted there had been insufficient room for Nellie Deen to move up his inner. "At no point was he alongside me. The closest he got to me was just behind my boot, which was out of my sight."

Crowley saw the incident differently from his position immediately behind Nellie Deen. "When Mr Tylicki went into the gap, I had no concerns because Mr Gibbons' horse was clearly off the rail," he said. Nellie Deen had gone into the gap "without any encouragement from her jockey", Crowley added.

Lawrence asked Crowley about Mohaafeth's win at Royal Ascot this summer, which led to a six-day ban for the rider after the horse hung across the track, interfering with Ryan Moore's mount. Crowley said the two cases were different and that Moore had not shouted to him at any stage.

The hearing continues on Wednesday, when expert evidence is expected to be heard. Jockey Ryan Moore and Jim McGrath of Sky Sports Racing are to be called by Tylicki while Gibbons relies on Charlie Lane.

Wonder who the former top jock is who threatened Gibbons? An Irishman springs to mind

Anyone got a link to the race? It appears to be unavailable on RP site.

(but we're doing a good job here)

No one has mentioned it but in the stewards report on the day they said Tylicki clipped heels causing the carnage that followed so surely if he was too close therefore clipping heels he was at fault as in the case of when you drive your vehicle up the back of someone to put it very simply.

JCM It is in the RP article

"Are you aware on the jockeys' grapevine of a disgraceful incident a few months ago when a well-known former jockey tried to pressure Mr Gibbons to give evidence to help Freddy Tylicki and then assaulted him?"

ahh, ty mrcombustible. that is a shocker!

This will all revolve around the small print in the insurance. You'd think if Gibbons admitted liability that could seriously affect the payout hence odd they'd be pressurising him to do this, makes no sense.

Good God, in a thread full of inaccuracies this takes the Gold Medal. The insurance is Third Party cover arranged by the PJA on behalf of, inter alia, Gibbons. If Gibbons is found liable it will indemnify him in respect of the damages. It really is that simple. 


swiftynifty30 Nov 21 20:29Joined: 16 Jan 07 | Topic/replies: 4,646 | Blogger: swiftynifty's blog
This will all revolve around the small print in the insurance. You'd think if Gibbons admitted liability that could seriously affect the payout hence odd they'd be pressurising him to do this, makes no sense.

parispike, that's what's good about this forum, there's never a know-all too far away to put everyone straight.

Obviously terrible for Freddie. But going up someone's inner in racing is fraught with danger. Any decent jock would close the door on him.

if crowley new gibbons was riding under the influence and he,s now said that in court why doesnt freddie sue crowley,he,s legally bound under safety at work act to report that to his supervisor,
if a co pilot new the pilot was flying a plane stinking of drink  and didnt report  it,health and safety officials would rip you up for shoithouse paper in court and jail would be waiting

https://www.racingpost.com/news/cheltenham-live-jockeys-describe-going-as-really-hard-work/427207

Reading the Racing Post write up from yesterdays court proceedings it is going the way many on here suggested. Mr Tylicki team raising Mr Gibbons chequered history with alcohol and drugs and Mr Gibbons and the suggestion that Mr Gibbons breath smelled strongly of alcohol on the day does not reflect well on the jockeys room considering nobody felt it was worth reporting at the time. Mr Gibbons insisting his mount Madame Butterfly had never been more than half a horse's width from the inside rail after starting to turn out of the back straight and "At no point was he alongside me. The closest he got to me was just behind my boot, which was out of my sight."

Hard to believe expert witnesses who weren't actually riding in the race are going to sway the court to rule this anything other than an accident with a devastating outcome. Even if the opinion is Mr Gibbons closed the door intentionally, unless things have changed in recent years I too can remember occasions in the past when senior jockeys have done this to other jockeys who have tried to nip up the inside.

Yes, I think you are spot on, it can be highly dangerous and yet there is some unwritten rule allowing it, certainly in the past. There were lots of examples back in the year.

I remember one example some years when a go a senior NH jockey at Sandown or Kempton shut the door on a novice jockey forcing him off the track the wrong side of the railing. Originally the senior had allowed his horse to drift a bit, but as soon as the novice tried to nip up his inside the senior manoeuvred across quickly and broadsided him. The view of the TV pundits at the time was the novice got what he deserved for daring to try to get up the seniors inside.

It's not a criticism, but I'm sure McCoy often used to let his horse drift out a bit in a driving finish to obstruct the horses in behind and if something then tried to switch to the inside would quickly shut that door, thus making him very difficult to pass. The point I'm making is good jockeys are trying to win within the rules, it's never a race of good manners.

Definition of dangerous riding (unchanged):
A rider is guilty of dangerous riding if he causes serious interference by:

Purposely interfering with another horse or rider, or;
Riding in a way that is far below that of a competent and careful rider and where it would be obvious to such a competent or careful rider that riding in that way was likely to endanger the safety of a horse and rider
Please note: Consequent to the penalty range for careless riding increasing to 14 days, the range for dangerous riding has now increased from 10-28 days to 14-28 days. It remains the case that a rider found guilty of dangerous riding will be disqualified from the race.







How many jockeys have been charged with this offence in the past 5 years?

I'm very sorry for Freddie here,but if he hadn't suffered the injuries he has,this would have been done and dusted at the stewards  enquiry,it is only the severity of the injuries that has led to this,not the actual racing incident.

Can someone answer my question please as to the dangerous riding rule posted above at 1414?