Robbie Dunne's suspension for bullying and harassing fellow jockey Bryony Frost has been reduced to ten months on appeal.
Dunne was initially found in breach of four charges of rule J19 which covers conduct prejudicial to the integrity, proper conduct and good reputation of racing. The case was brought in response to a number of incidents between February 13, 2020 and September 3 of that year.
At the appeal hearing in Wednesday, which Dunne attended, chairman Anthony Boswell QC felt one breach of rule (J) 19 covered the wrongdoing. Dunne, who denied the charges, was initially banned for 18 months in December, after it was found he subjected Frost to a campaign of bullying and harassment online, on the track and in the weighing room.
On the back of the appeal case, he will be allowed to return to race riding on October 9. Boswood said: “We wish to make it clear we think Mr Dunne’s behaviour was thoroughly reprehensible and any jockey behaving like that in future must accept serious punishment.
“We think the (original) sentence was, however, very severe, as it represented the minimum entry point six times higher than that for rule J20, which was also charged. We think it was severe given the number of rides Mr Dunne will have lost to date and will lose in the future and this late stage of his career.
“We also think that maybe the disciplinary panel gave insufficient credit for items of mitigation such as his attempted apology after the Stratford race – which Bryony Frost refused to accept, which she was fully entitled to do, and the refusal to take part in the ‘banging of heads’ proposed by Richard Johnson and her father Jimmy Frost at Kempton.
"Again she didn’t want to participate, a position she was fully entitled to take – but Mr Dunne was prepared to take part. So we have decided to reduce the suspension to 10 months.”
Dunne's representative Robin Matthew QC felt it was "an unjust and unfair decision" to ban the rider for 18 months, based on the premise language used in several incidents was not taken into the context as it was used in the weighing room.
Mathew said the panel had not given sufficient weight to the testimony of colleagues who had been around Dunne and Frost. "The valets took a view, and I would submit, that they knew at Southwell that the upset and anger would pass. It is quite wrong to exclude the context of the weighing room culture," Mathew said.
Weston told the hearing that Dunne's use of misogynistic language was prejudicial to the reputation of racing. "That language was inappropriate and you should have no hesitation in agreeing that the panel made a reasonable decision," said Weston on the initial finding.
"The appellant (Dunne) would have it that the proper test to apply is one of self-regulation, and that cannot possibly be right in the view of the BHA. This was a particularly unpleasant case of sustained conduct and a very experienced panel reached the decision they did."
After the hearing concluded, a spokesperson for the British Horseracing Authority said: “This reduction in penalty in no way diminishes the recognition of the severity of the allegations that were brought against Mr Dunne. Indeed, it continues to send a clear message that conduct of this nature cannot be tolerated in any working environment within our sport.
“Following the original decision last year, the BHA released a statement which outlines our commitment to improving workplace standards, conduct and wellbeing. Work is continuing with industry colleagues to finalise the industry code of conduct, with a view to it going before the BHA Board in the first half of the year. A cross-industry working party has also been formed to look at ways of improving education and awareness around the standards of conducted expected across the sport.
