Judicial Review Court quashes suspension of jockey Samantha Fletcher

The Judicial Review Court has quashed a decision by the Jamaica Racing Commission to suspend female jockey Samantha Fletcher in March last year for 20 race days.

She was suspended for failing to take all reasonable steps to ensure that the horse 'Gone A Negril', which she was riding on February 4, 2023 at Caymanas Park, was given the best possible placing in the race.

Fletcher, who was represented by attorneys-at-law Douglas Thompson and Jerome Spencer, took the issue to the Supreme Court seeking an order to quash the decision and to get declarations that the decision was illegal, void and of no effect.

On March 7, 2023, she was suspended by the Operations Stewards for 25 race days. She appealed and on March 21, 2023, the suspension was reduced by the Commission to 20 race days.

The In and Out Running and Observance Committee had instructed that Fletcher should be charged. 

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Justice Annmarie Nembhard granted orders on November 29, quashing the decision and outlined in her judgment reasons for doing so.

“In the present case, the Operations Stewards decided that Ms Fletcher should be suspended. Mr Paul Ramsay as a member of the In and Out Committee, having observed Ms Fletcher's race on February 4, 2023, recommended that the Operations Stewards should “take a look at the actions of the jockey Samantha Fletcher. Having made that recommendation, Mr Ramsay participated in the enquiry before the Operations Stewards on March 7, 2023. Further to that, Messrs Derrick Smith and Anthony Shoucair, members of the In and Out Committee, also participated in the hearing of Ms Fletcher's appeal against the decision of the Operations Stewards,” the judge said.

Justice Nembhard ruled that it was procedurally improper and a breach of the rules of natural justice for Ramsay to have sat as part of the enquiry of the Operations Stewards, since he observed the race and made recommendations.

The court also found that it was a breach to have trainee stewards present with the Operations Stewards during their deliberations.

“More substantially, the court finds that it was procedurally improper and a breach of the rules of natural justice for Messrs Smith and Shoucair to have sat as part of the panel which heard Ms Fletcher's appeal, having regard to their involvement as part of the In and Out Committee.

The judge ordered the defendant to pay Fletcher's legal costs.

King's Counsel Garth McBean represented the Jamaica Racing Commission.

-Barbara Gayle