Robbie Dunne banned 18 months for harassing and bullying Bryony Frost

Robbie Dunne banned 18 months for harassing and bullying Bryony Frost

By Racing TV
Last Updated: Tue 5 Dec 2023
Dunne bullied and harassed Frost, the discliplinary panel ruled (Pic: PA)
Jockey Robbie Dunne has been given an 18-month ban, with three months suspended, after being found in breach on all four counts of conduct prejudicial to horseracing after the disciplinary panel of the British Horseracing Authority ruled he had bullied and harassed fellow rider Bryony Frost.
Dunne was charged with seven breaches in total, four of conduct prejudicial to horseracing and three of violent and threatening behaviour, with all but one of those charges denied. The 36-year-old, who was not given a financial penalty, was told there were "a combination of factors" which meant his punishment was above the entry point.
An independent three-person panel, chaired by Brian Barker QC, found the four prejudicial conduct breaches to have been proven, while the latter three are yet to be considered.
The majority of the incidents in question took place in 2020, when Dunne was found by the panel to have threatened Frost by promising to "put her through a wing (of a fence)" and he was also accused of using misogynistic language such as "f****** whore", "f****** slut" and "dangerous c***" towards her.
Barker said: "Our conclusion on the whole of the evidence is that a course of deliberate conduct over a significant period of time has been revealed.
"This has progressed from distasteful targeting to deliberate harassment on and off the course and onwards to occasional cases of dangerous bullying.
"We find that the words used on September 3 were, as a promise, to cause real harm - over and above the usual jockey mantra of 'murdering'.
"On the examination of Ms Frost's evidence and demeanour we find her to be truthful, thoughtful and compelling.
"By taking her complaint to the authority she has broken the code (of the weighing room), knowing that her isolation - and rejection by some - was inevitable."
He went on: "In acknowledging after the Southwell race Mr Dunne believed that Ms Frost was the cause of his mount's death and that he had suffered a fall, we are unable to accept Mr Dunne's sweep of denials, criticisms and his reasons.
"A man who in the view of one of his own witnesses was "a p*** taker" and who regarded himself as one of the elders of the weighing room and someone who expected his view to be heeded.
"Behind the four elements set out in rule (J) 19 we find those proved.
Frost initimated to Lydia Hislop she was having a few "difficulties" after wininng the King George VI Chase aboard Frodon at Kempton last year
"I'd like to make two further observations. The type of excessive language used towards Ms Frost was totally unacceptable, whatever the frustrations about her style and whatever the habits of the weighing room.
"Secondly, in reviewing the evidence given and their approach, by jockeys of repute, as well as by the valets - who probably find themselves in a difficult position - we have a real concern that what was referred to by Mr Weston as "the weighing-room culture" is deep-rooted and coercive and that in itself is not conducive to the development of modern-day race-riding."
Barker added: "In our view she (Frost) has supported (her case) in a number of areas. The first is the published comments on the Virtual Grand National, the second is the apology at Bangor, the third is the video of the encounter in the pull-up area at Stratford combined with the independent evidence of the fence attendant.
"Bryony and Robbie have both been let down by the BHA" David Bass, president of the PJA, spoke to Stewart Machin at Warwick after the verdict
"Also the acceptance of at least some offensive behaviour at Southwell which was followed by Ms Frost's report to the BHA, and the evidence of Ms (Hannah) Welch (former amateur jockey), which we also found persuasive in admissible support."
Addressing the leaked BHA report into the allegations and the suggestion that this may have prejudiced the hearing, Barker said: "It is an unfortunate fact that the preliminary process has been overshadowed by extraordinary and unprecedented leaks, either one leak or two leaks, of confidential information.
"In relation to that, the independent enquiry continues. The fact of that leak has led to both distress and unhelpful speculation.
"Fortunately in recent days most of those subsidiary matters have fallen away and as a result we now view that there has been a thorough public investigation and dissection of the core areas, which, looked at in totality, will be of great concern to many who love, support and enjoy the sport."

"You meant to instil fear and humiliation and you succeeded"

In regards to the penalty imposed, Barker said: "We have taken our time to consider submissions that have been made, both from the BHA and from Mr Dunne. We will say this - professional athletes should behave in a professional way and I am afraid you haven't.
"This was a deliberate targeting of a colleague whose vulnerabilities you exploited. Whatever your view of her style this was not the way to deal with it. Your behaviour was not appropriate in any sport.
"We have to consider both aggravating features and mitigating features. I view the aggravating features are that this was a deliberate course of conduct, in public, over a fairly long period, which had its desired effect.
"Your behaviour and language would not be tolerated in any other walk of life or workplace. Additionally, in the course of this hearing you have adopted an aggressive attack on her (Frost's) personality in order to justify your actions. There has been little sign of understanding.
"Mitigation we have considered carefully, but we can't, I'm afraid, give any credit to the limited plea that was made. We considered the leak, the leak would have had a negative impact on you and it was most unfortunate from every point of view. But nevertheless, the negative impact applied to everybody involved.
"We note that you were following a culture that seems to be approved of by your peers and we are particularly conscious that your livelihood will be significantly affected. We have taken particular notice to the medical report, we do understand your suffering at the loss of your best friend (Liam Treadwell).
"You meant to instil fear and humiliation and you succeeded. Your actions were not appropriate in an equal-terms sport, nor did they meet the expectations of acceptable behaviour."
He added: "There are a combination of factors, in our view, that take this substantially above the entry point. We agree the appropriate approach is to give concurrent sentences, our view is overall that the appropriate sentence is one of 18 months suspension of licence. We did not consider a financial penalty to be appropriate.
"Taking into account a number of matters urged upon us, we do consider it is just to suspend three months of that term. You will understand the effect of this and the suspension will take place in the usual way."
Steve Mellish gives his views

Frost asks for privacy

The penalty is effective immediately, with Dunne having seven days to lodge an appeal.
Giving her reaction, Frost said in a statement she would "take a few days" for reflection before commenting further.
"I would like to thank every individual including the racing public that has supported me not only during the last couple of weeks but throughout," she said.
"I wish now to take a few days to reflect on the outcome before I make any further comment. I ask the media to please give me and the people closest to me a few days of privacy. I need to focus on my upcoming rides over the weekend. Thank you."

Timeline

Bryony Frost's official complaint against fellow rider Robbie Dunne led to a British Horseracing Authority investigation and subsequent disciplinary panel hearing.
The initial allegations made by Frost were alleged to happened almost two years ago. Dunne was charged with seven breaches by the BHA. He denied them all bar one, although he disputed the words used in the admitted breach.
This is how events unfolded leading up to the ruling by the independent BHA panel in London on Thursday that Dunne was in breach on all four counts of conduct prejudicial to horseracing, including that he bullied and harassed Frost:
2020
February 13: Frost accuses Dunne of riding in an intimidating manner at Leicester in a race she wins on This Breac, trained by her father, Jimmy, and Dunne finishes second on Lickpenny Larry.
April 4: Dunne sends a tweet regarding the Virtual Grand National, allegedly mocking Frost.
July 8: Dunne allegedly abuses Frost following a race at Stratford in which she finishes second on Wisecracker and Dunne sixth on Cillian's Well. Dunne's complaint is that Frost "cut across" his mount without leaving him sufficient room. A fence attendant claims to have heard the abuse.
August 17: Frost accuses Dunne of threatening behaviour at Uttoxeter.
September 3: Dunne allegedly confronts Frost following a race at Southwell in which Dunne's mount, Cillian's Well, suffers a fatal fall which he claims happened because Frost's mount, Wisecracker, continually jumped to his left without Frost taking corrective action. Dunne is accused of saying to Frost "I promise I'll put you through a wing (of a fence)." Dunne accepts the breach but denies the words used and claims it was not a threat but a "rebuke".
September 7: Dunne claims to receive a phone call from someone with a "West Country accent" threatens to break his legs.
September 15: Frost makes official complaint to BHA.
2021
April 21: BHA's then head of integrity, Chris Watts, completed a 121-page report into the allegations.
September 29: Watt's departure from his role is first reported.
October 17: Elements of the report leaked to the Sunday Times. The BHA says the case is close to its conclusion.
October 25: The Professional Jockeys Association calls for the case to be dropped - "however unsatisfactory that is" - as it believes a fair hearing is impossible.
November 22: BHA announces it has formally charged Dunne with conduct which "is prejudicial to the integrity, proper conduct and good reputation of horse racing in Great Britain by bullying and harassing a fellow licensed jockey".
November 30: Hearing gets under way at BHA headquarters in High Holborn, London and lasts five days.
December 9: Independent disciplinary panel finds Dunne in breach on all four counts of conduct prejudicial to horseracing, including that he bullied and harassed Frost. Dunne is banned for 18 months, three of which are suspended. He has seven days to lodge an appeal.

Statement from the BHA

The BHA issued a statement at 4.16pm, which read:
The British Horseracing Authority (BHA) welcomes the finding of the independent Disciplinary Panel that jockey Robbie Dunne is in breach of four counts of Rule (J)19 and to impose an 18 month suspension upon him.
In our view this decision, and the comments of the independent Judicial Panel, reflect the seriousness of the accusations. It sends a clear message that conduct of this nature cannot be tolerated in any working environment within our sport.
This case has been a ground-breaking one for British racing, the first of its kind, and it is important that it acts as a catalyst for further change within the industry.
We understand that, for the vast majority of those who work in the sport – and in particular in the jockeys’ weighing room – it is a positive, supportive, welcoming place. We recognise the pressures on those involved in the sport, and that temperatures will at times be raised.
However, there is a line as to what is acceptable. It is essential that when something does go wrong that people feel that they can call out bad behaviour, and not be made to suffer in silence. The independent Judicial Panel Chair voiced concerns regarding these issues in his judgement. We call on everyone in the industry to recognise this.
By stepping forward to report the behaviour of which she was on the receiving end, Bryony Frost took a courageous step. We hope that others who may be in similar positions will feel comfortable doing the same.
Improving workplace standards and wellbeing within the sport is an issue into which racing has invested significant time and resource in recent years. Nothing is more important than our people and our horses. The formation of an industry People Board has helped focus attention on improving standards, education and training. Progress is being made on improving the facilities that our athletes use, in particular our female participants. The sport will soon be putting in place a collaborative, cross-industry Code of Conduct.
However, more can always be done. We must move forward from this case and define the sort of language and conduct that is acceptable in a place of work. This is about more than just the jockeys’ weighing room, but the whole industry. We must take positive steps across the sport to ensure that British racing is a welcoming place to work for everyone. We will issue more detail as to our next steps on this front in the near future.
This was a difficult, sensitive and complex case, with numerous witnesses. Charges for the case were lodged in April, but subsequent to this there were significant legal representations made by the defence solicitors, which – in order to ensure fairness to all parties – had to be considered in full. The case has been handled with professionalism, and this is reflected in the outcome.
However, there are also lessons that can, and will, be learned. We will be reviewing the proceedings and speaking to the Chair of the Independent Judicial Panel regarding case management. It is important that we ensure that future cases are managed quickly, in the interests of all parties.
Finally, we recognise that this has been a difficult period for all involved, in particular for Robbie Dunne and Bryony Frost. We ask that the privacy and wellbeing of both is now respected. It is important that both are now supported by the BHA, their colleagues and their representative body the PJA.

Statement from the PJA

About half an hour after the BHA's stament, the PJA issued one of their own. It read:
Following the conclusion of disciplinary proceedings heard by the BHA Disciplinary Panel, Robbie Dunne has been found in breach of all charges and has been suspended for 18 months, three months of which are suspended. Before the PJA responds to the Disciplinary Panel’s findings, we want to make it clear that the PJA has great sympathy with Bryony Frost and takes no issue with the fact that a complaint was taken to the BHA.
Whilst the PJA was not involved nor was its support or advice sought before a complaint was taken to the BHA, the PJA has itself taken a separate complaint to the BHA on behalf of another jockey and supported that jockey throughout, so most certainly does not criticise Bryony for doing the same. Bryony felt bullied, it certainly took courage to go through the process she has and we do not doubt the isolation she has felt.
The PJA entirely accepts that Robbie Dunne’s conduct as found by the Disciplinary Panel fell well short of the standard the PJA expects. All that said, the PJA does not accept the Disciplinary Panel’s findings in relation to the culture within and collective behaviour of the jump jockeys weighing room. It is a grossly inaccurate and wholly unfair representation of the weighing-room and a conclusion we believe is at odds with the evidence presented.
On October 25th of this year, in response to the leak of confidential case papers and the resulting coverage in the media, the PJA stated that in our view a fair hearing was impossible and called for the BHA to bring the matter to a close. Our fears have been realised and we do not believe Robbie Dunne has been subjected to a remotely fair process.
We did not call for the matter to be brought to a close to try and sweep the matter under the carpet. We did so because we were aware of the significant failings of the investigation, one that was woefully inadequate, lacked the necessary independence and allowed outside interference. We were aware of significant inconsistencies in the evidence.
We were aware that the BHA had enhanced the charges that were issued in April shortly before the hearing with no new evidence. We were aware there was a still to be concluded investigation into a serious data breach. Most importantly, the PJA and its Board had for some months lost confidence in the Disciplinary Panel due to a number of serious concerns including the long and striking track record of the Disciplinary Panel’s failure to ever criticise the BHA, its case management and its processes.
The BHA and Disciplinary Panel have been aware of those concerns for some time. Furthermore, the PJA and its members are appalled by the BHA’s characterisation of the weighing room culture as “rancid”, made via their advocate and therefore presumably under instruction. This and the BHA’s conduct throughout this process is incredibly damaging.
The BHA’s stance is made worse by the fact that for years the PJA and its female members have been raising concerns with the BHA about the inadequate facilities for female riders and for years the BHA did nothing. We say it is no coincidence that the BHA has only shown an interest in driving change over the last few months in light of this case.
The PJA does not condone bullying or the use of the type of language the Disciplinary Panel has concluded was used. Bullying and the use of such entirely inappropriate language cannot and will not be tolerated. This is clear from the Code of Conduct we introduced earlier this year and our members can be in no doubt that we expect them to behave in line with our Code of Conduct and to ensure their colleagues do too. We will be working with the RCA to ensure that this Code of Conduct is displayed prominently in every weighing room and changing room in the country.
Whilst we reject the wholesale criticism of the culture within the weighing room, everything is not perfect. There are lessons to be learnt for the PJA and its members and we recognise change is needed. This starts with creating facilities that do not require female jockeys to be in the male jockeys changing room in order to do their job but doesn’t stop there.
The life of a jockey is unrelentingly tough for the many reasons which are widely recognised. It is a particularly dangerous occupation where the risk of a fall and serious injury is ever present and safety is of the utmost importance. The PJA therefore accepts that the language used in the weighing room will not always be the language you would expect in an office. This is no different to what happens in the pressure cooker of any professional sport.
However, it is vital all jockeys adhere to our Code of Conduct and are respectful of their colleagues, whether male or female. We are continuing to implement our restructure of earlier this year, whereby we streamlined and brought new expertise to our Board, and created a Jockeys Advisory Group, for which individuals are still being recruited.
These individuals will have enhanced responsibility and become our equivalent of team leaders in the weighing room. It is also vital that we develop a more formal relationship between Jockey Coaches and senior jockeys to ensure concerns or issues about an individual’s riding are dealt with in a timely but professional manner. We have already started conversations with the British Racing School, the managers of the Jockey Coaching programme, with a view to implementing this.

Read more on the Frost-Dunne case:

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