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Jim Crowley told the High Court that it was “quite common” to smell alcohol on Graham Gibbons’ breath
Edward Whitaker (racingpost.com/photos)
By Chris Cook, Senior Journalist
The former champion jockey was testifying on the second day of a week-long hearing in which Tylicki, who was crippled by the ensuing fall, seeks to establish that Gibbons was to blame and should pay him damages substantial, which Gibbons denies.
“It was pretty common,” Crowley said of the smell of alcohol on Gibbons breath as the two worked. “I was used to it, as were the other members of the weigh room. “
Crowley did not dispute a suggestion by Gibbons attorney Patrick Lawrence QC that Gibbons had given no other signs of being under the influence. Lawrence added that, had he done so, Crowley would have been required to report it to the flight attendants.
Gibbons admitted his long struggles with alcohol when he appeared on the witness stand later. He admitted to losing his driving license while intoxicated on four occasions, being jailed for the same reason and being banned from racing at some point after he tested positive for cocaine and asked an apprentice to ” swap urine samples in an attempt to evade a drug test.
Cross-examined by Edward Faulks QC, representing Tylicki, Gibbons was asked if he had ever ridden horses under the influence of alcohol. “Maybe,” he replied.
Gibbons categorically denied riding under the influence of drugs. Asked about the occasion he failed a race day cocaine test, he replied, “It was in my system, but I was not under the influence. “
He sought to cast doubt on Crowley’s recollections that there was alcohol on his breath on the exact day of the Kempton incident, saying, “That’s a person’s opinion on that day.” -the. There were 35 other jockeys in the weigh room on the same day and none of them smelled of alcohol, and if they had, the flight attendants would have been alerted. “
But Gibbons didn’t rule out the possibility that Crowley was right. Pressed by Faulks, he said he couldn’t be sure himself but called Crowley’s claim “questionable.”
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Mark Cranham (racingpost.com/photos)
Their fellow jockey Pat Cosgrave returned from Dubai to testify, conceding that he had changed his position since he told the flight attendants the day that Tylicki had been “ambitious” in advancing between the Gibbons mount and the rail.
“In my opinion, it was almost upside down at one point in the turn, or close to it, so there was obviously room to go in at one point,” he told the court. “If there hadn’t been, he never would have gone this far.
When asked why he hadn’t told stewards this, Cosgrave said: “It’s a code of conduct in the weigh room to stay as neutral as possible, not to get involved or say anything about it. too much. ”
Judge Karen Walden-Smith pressed him on this point and he said, “It didn’t have much to do with me. It was up to the flight attendants to determine between Mr. Gibbons and Mr. Tylicki who was to blame. “
Lawrence suggested that his testimony was affected by “a perfectly natural perception that Mr. Tylicki suffered terrible injuries and it would be a good thing if he received compensation,” which Cosgrave denied.
At another point in his interrogation, Lawrence caused a brief sensation in court by asking Cosgrave: “Do you know about the jockeys’ vineyard of a shameful incident a few months ago when a well-known former jockey took off. tried to pressure Mr. Gibbons to testify to help Freddy Tylicki, then assaulted him? “
“No,” Cosgrave replied, as Faulks stood up, describing the matter as “out of the blue” and not mentioned before trial, including in Gibbons’ own statement.
“It’s not important for a case that I want to move forward,” Lawrence told the judge. “I submit it to this witness, as I think I have the right to do. The alleged incident was not mentioned again, including while Gibbons testified.
Asked about the mid-race incident that resulted in Tylicki’s injuries, Gibbons insisted his Madame Butterfly mount had never been more than half the width of a horse from the inner rail after starting to come off the straight line. He said he had no idea that Tylicki on Nellie Deen was inside until he felt a touch from behind and heard the other man scream, “Gibbo!
Looking at footage from the race, he insisted there wasn’t enough room for Nellie Deen to bring her inside up. “At no time was he by my side. The closest to me was right behind my boot, which was out of my sight. “
Crowley saw the incident differently from his position immediately behind Nellie Deen. “When Mr. Tylicki entered the gap I had no concerns because Mr. Gibbons’ horse was clearly derailed,” he said. Nellie Deen entered the gap “without any encouragement from her jockey,” Crowley added.
Lawrence asked Crowley about Mohaafeth’s victory at Royal Ascot this summer, which resulted in a six-day suspension for the rider after the horse crossed the track, interfering with Ryan Moore’s mount. Crowley said the two cases were different and Moore had not yelled at him at any time.
The hearing will continue on Wednesday, when expert testimony is expected to be heard. Moore and Jim McGrath of Sky Sports Racing are to be called in by Tylicki while Gibbons leans on Charlie Lane.
Learn more about this topic:
Tylicki Recalls ‘Crying For Survival’ As Gibbons Case Heard In Court
Freddy Tylicki v Graham Gibbons case to be heard in court this week
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FIRST POSTED 18:38 PM, NOV 30 2021