Khati’s ordeal is over

A Cape jockey has told of the enormous relief and the burden lifted from his shoulders on Friday after two well-known racing men, Attorney Bruce Armstrong and Advocate Clayton Vetter, took the cudgels up on his behalf some months ago to defend the father of four against an NHRA charge that could have seen him lose his home, and the ability to support his young family.

Friday 19 July 2024 is officially the first day of the rest of 39 year old Robert Khathi’s life, wrote the SPORTING POST.

Khati told how the sun broke through after nine gruelling months of a foreboding dark cloud hanging over his career.

“The NHA Appeal Board have upheld your Appeal and hence the decision of the Inquiry Board has been reversed. No 120 day suspension! You can move on with your life now and put this nightmare behind you. Best of luck,” a thrilled Bruce Armstrong told the speechless jockey on Friday.

Both racehorse owners, Bruce Armstrong and his friend Clayton Vetter took on the Robert Khathi-Cape Eagle case pro bono, as they could not stand by and see justice skewed.

Let’s take a step back at this point.

Simukeliswa ‘Robert’ Khathi, who was plucked from the obscurity of Umlazi High School in KZN at the tender age of 16 to join the SA Jockey Academy alongside his brother Sandile, has enjoyed a career of many highs, and the inevitable lows.

The always smiling jock with the friendly disposition will be remembered by established racing folk as the man who was denied an opportunity to fulfil a lifetime ambition after 20 years in the saddle to ride in the 2021 Durban July after a failure by National Horseracing Authority management to exercise a measure of flexibility and discretion.

The timing of the implementation of a suspension just weeks before the big race put paid to his chances to ride for the powerful Snaith Racing Team in Africa’s Greatest race.

At the time local legal eagle Robert Bloomberg had slated NHA management for collectively denying a previously disadvantaged black jockey the possible opportunity of riding in the country’s greatest showpiece.

Fast forward to Tuesday 7 November 2023 and Robert Khathi was charged with a contravention of Rule 62.2.1.

This arose pursuant to his ride at Hollywoodbets Greyville on Cape Eagle on 15 October 2023, where it was suggested that he failed to take all reasonable measures throughout the race to ensure that this gelding was given a full opportunity to win, or obtain the best possible placing Khathi pleaded not guilty but was found guilty of the charge.

The Inquiry Board, after considering the mitigating and aggravating factors, found that Khathi had failed to ride Cape Eagle out with sufficient vigour and determination which, in the opinion of the Stewards, had a bearing on the result of the race, and they ruled that he be suspended from riding in races for a period of 120 days.

He was given the Right of Appeal against both the finding and the penalty imposed.

Attorney Bruce Armstrong takes up the story and says that the Inquiry Board consisted of Mr N Shearer (Chairman), Mr D Moodley and Mrs J Naidoo.

“The Presenter was Mr Derk Anderson who presented the NHRA’s case. At the Inquiry, where Robert was unrepresented, he was found guilty by the board for failing to ride Cape Eagle with sufficient vigour between the 200m and the finish, and that in the concluding stages his riding action changed without adequate reason which hindered his mount from being able to fully use its action in the finish. This was contended to have had a bearing on the result of the race.”

Mr Armstrong says that on 20 November 2023, through Shepstone & Wylie’s offices, they filed Robert’s Notice of Intention to Appeal in terms of Rule 85.6 wherein they tendered to pay the prescribed fee for the Appeal, once advised thereof.

“The NHRA advised us that the prescribed appeal fee was R8 950. We subsequently wrote to the regulator requesting an extension of 2 days in order for Robert to obtain a loan from the Coastal Jockey’s Association in order to pay the prescribed fee, which was due on 20 November 2023. On 23 November 2023 the prescribed fee was paid. But that’s where things went wrong.”

Mr Armstrong points out that the NHRA refused to grant Robert the requested extension to pay the prescribed fee and advised that in their opinion the Appeal had lapsed and the matter was over.

“Despite writing to them on 23 November 2023 and requesting the Chief Executive (Vee Moodley) to use his discretionary powers in terms of the rules to condone the late payment, Robert was forced to bring a High Court Application, setting aside Moodley’s decision in refusing to hear the appeal. It was only once the application papers were served on the NHRA and Moodley, did they then consent – wisely, in my opinion – to the late payment of the prescribed fee and allow the appeal to proceed”.

After having received the Inquiry record, on 26 February 2024 they duly filed Robert’s Notice of Appeal.

The veteran Attorney goes on to explain that the Appeal was heard on 5 April (day 1) and concluded on 19 July 2024 (day 2), before Dan Mpanza (Chairman), Andre Vlok and A Sewpersad.

1. After hearing the evidence, or lack thereof from the NHRA), the board –
   Refused the NHRA’s application for an adjournment, in order to file its written heads of argument (which Robert’s legal team had already prepared and done);
2. Upheld the Appeal and hence the decision of the Inquiry Board was reversed.
3. The NHRA were directed to return the prescribed fee to Robert.

The Sporting Post understands that the NHRA have requested the Appeal Board to furnish its written reasons for its ruling which it will do in due course.

Armstrong pointed out that during the Appeal, the Board expressed its concerns that the NHRA had no evidence to substantiate the charge put to Robert Khathi.

“At the Inquiry, Derk Anderson who presented the NHRA’s case did not call one witness, instead he relied on his interpretation of the ride and that of the Chairman’s (Nic Shearer – ex Jockey). No witnesses were led, and hence Robert Khathi had been denied the opportunity to cross examine any witness. Likewise at the Appeal, Mr Wafer, the NHRA’s legal representative, did not call any witnesses and relied on the parole tape of the race, and his interpretation thereof, and the Inquiry record.” concludes Armstrong.

After the Cape Eagle incident, Robert Khathi’s rides dried up in KZN, and he moved to Cape Town, where things are certainly looking up, despite the atrocious weather!

“I’m riding for Glen Kotzen now. He has a lovely string. I have also ridden winners for Paul Reeves and Candice Bass-Robinson. I hope to get an opportunity to ride in the Plattner silks again and to prove that I am always trying my hardest to win. I have a family and no winners, means no food, no roof over the head, no electricity,” adds the jockey emotionally.

“I have many people to thank during this trying time. From Mr Bruce Armstrong and Advocate Clayton Vetter, who gave of their world-class professional services free of charge, to my friends, who brought us groceries, and put some units into the electricity box. We didn’t have petrol to take the kids to school or go to work some days. But we are here today through faith and kindness. I am working on my weight and my fitness. I’m going to have my biggest season next term!” concludes a happy Robert Khathi.

The NHRA have not yet issued a media release in regard to the Khathi matter.