Legal & compliance

Jockey Daniel Jack Smith banned for 8 years for “unprecedented” betting offences

| By Marese O'Hagan
Jockey Daniel Jack Smith, formerly known as Terry Treichel, has received an 8 year ban from racing after pleading guilty to 32 charges including placing bets on other horses in races in which he competed.
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Thoroughbred Racing Northern Territory (TRNT) reported the conclusion of an inquiry into a report alleging Smith’s involvement in betting activities between July 2019 and December 2020.

Smith entered a guilty plea to 27 breaches of AR115(1)(e), relating to jockey and apprentice misconduct. Smith placed bets while licenced as a jockey under his former name, Terry Treichel, between July 2019 and December 2020.

The normal penalty for a breach of this rule is a two-year ban from horseracing. However, the Stewards decided that the 27 charges needed to be split into two categories. Category A consisted of 16 charges of bets involving Smith. These bets added up to AUD$1380.

Category B involved 11 charges for placing bets on other contestants in thoroughbred races Smith rode in. These bets came to AUD$460.

There was no evidence to suggest that Smith performed in the races in a way that corrupted the outcomes.

The stewards handed down a two-year ban for the first of the category A bets, with a reduction of three months as a special circumstance. The same penalty of 21 months disqualification applies to each of the 15 remaining category A breaches, adding up to 336 months (28 years) total.

In the first of the category B bets, the Stewards banned Smith for three years with a six-month reduction as per special circumstances. The remaining 10 breaches carry a 30 month disqualification each, totalling at 330 months (27 and a half years).

Smith also pled guilty to two charges under AR229(1)(h), prohibiting false or misleading statements to racing administration. Smith made false declarations to a principal racing authority after changing his name by deed poll from Terry Charles Treichel to Daniel Jack Smith by submitting jockey licence applications under his former name.

For these charges, the Stewards decided that Smith would be banned from horseracing for three years.

Smith then pleaded guilty to two final charges of breaches of AR115(1)(c), which states that jockeys should not bet, or facilitate a bet, in any race. Smith placed a total of 168 known bets on Australian thoroughbred races between April 2019 and July 2020 while licensed as a jockey. The turnover of these bets was approximately $10,500.

A nine-month disqualification was imposed, with a three-month reduction for his guilty plea.

To a further charge of placing a AUD$100 bet through a Poinstbet account in November 2020 while licenced as a jockey under Terry Treichel, Smith received a 2 month suspension.

After taking each charge into considering, the Stewards decided that an overall penalty of 8 years’ disqualification was appropriate. The periods of suspension and disqualification will run concurrently. The disqualification period will be backdated to the day Smith’s licence was suspended, 18 December.

“This is a unique set of circumstances not seen before in Australian Racing,” said the TRNT in a statement.

“The coveting of a change in identity and subsequent volume of betting whilst licenced as a jockey is unprecedented.”

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