‘I feared for my life’: Jockey Tyler Leslight’s racial abuse penalty quashed on appeal

After considering a ‘unique set of circumstances’, the Queensland Racing Appeals Panel has reduced the sanction handed down to Tyler Leslight for racially abusing a fellow jockey.

Jockey Tyler Leslight has successfully appealed the severity of his sentence for racial abuse. Picture: Daryl Wright

Queensland apprentice jockey Tyler Leslight has had his penalty for racially abusing a fellow jockey downgraded in an explosive case which heard an allegation of the young hoop’s life being threatened.

Leslight was initially banned by racing stewards for four weeks after he admitted calling rival jockey Wanderson D’Avila a “black c …” during a race at Townsville in May.

Leslight pleaded guilty to a charge against Australian Rule of Racing 228(e) which prohibits conduct disparaging or insulting another person on the basis of that other person’s race or colour.

However Leslight appealed the severity of his four-week ban and the Queensland Racing Appeals Panel has now downgraded his penalty to a $3000 fine, of which $2000 is suspended for two years.

In explosive evidence heard by the Appeals Panel and set out in its written judgment, Leslight wrote to stewards and outlined the “unique set of circumstances”.

Wanderson D'Avila. Picture: Brendan Radke

“I had an outburst which was provoked by Mr D’Avila in that he was cursing at me throughout the whole race and riding his horse aggressively towards me,” Leslight wrote.

“I had adrenaline going through my body and given the circumstances of me being Ms (Sharlee) Hoffman’s apprentice, I also felt I had a target on my back from Mr D’Avila.

“I felt very intimidated and feared for my life in the position I was in the race.”

Leslight continued the letter to stewards: “I burst out in a flight or fight response.

“I have also had to deal with a lot of discrimination throughout my life and have become quite defensive in order to protect myself.

“Following the incident in the race, Mr D’Avila threatened my life in the jockeys’ room, which several other jockeys put themselves between Mr D’Avila and myself to protect me.

“He continued to threaten me afterwards.

“I accept I did the wrong thing, however, I also believe this is a very unique set of circumstances.”

Tyler Leslight. Picture: Daryl Wright.

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The Racing Appeals Panel, headed by chairman Kerry O’Brien, stated in its written finding that Leslight’s account of the incident “had not been the subject of any real or effective challenge in this case”.

The RAP finding said: “We consider the account provided by the applicant (Leslight) to be more inherently probable than that provided by jockey D’Avila given the whole of the circumstances of the event and what occurred subsequently in the jockeys’ room.

“Importantly, those circumstances clearly show a significant level of provocative behaviour on the part of jockey D’Avila.

“That, of course, does not excuse the applicant’s (Leslight’s) behaviour, but it does serve to provide an explanation for what would otherwise be conduct which for him was out of character.

“His conduct on this occasion was spontaneous and reactive, and it was in no sense premeditated or considered.

“This weighs upon the degree of culpability involved in his conduct.”

In quashing Leslight’s ban and substituting it with a fine, the Racing Appeals Panel also took into account penalty precedents in other cases.

It also noted that Leslight, of his own volition, had undertaken a racial discrimination program.

Originally published as ‘I feared for my life’: Jockey Tyler Leslight’s racial abuse penalty quashed on appeal