• 19/05/2009

    Conformation Competition Follow-Up Commission


    The Secretary of the Conformation Competition Follow-up Commission, Mr. Jacobo Rojo states that:

    The Conformation Competition Follow-up Commission held an extraordinary meeting in Sevilla on the 8th of May, where they received a Proposal for Resolution from the ANCCE General Secretary.  The said Proposal for Resolution was the culmination to the proceedings launched by the Commission, based upon an agreement on the 2nd of April of this year, to determine the facts, responsibilities and disciplinary actions to be taken based on the events that arose during EQUIMUR 2009. This competition was held on the 22nd of March 2009 in the town of Torre Pacheco (Murcia), involving a worker from the stud farm belonging to Ms. Amparo Ginestar Roldán.  The following, unanimously approved Resolution was dictated and is transcribed:

    RESOLUTION

    HAVING SEEN the report dated the 22nd of March 2009 presented before this Commission by the Technical Director of the afore-mentioned competition, Mr. Miguel Redondo Jiménez; the reports dated the 25th of March of the current year, by Mr. Javier Buendía del Cid, member of the ANCCE Competition Department and by the Judge, Mr. Javier Bayo Sánchez, who participated in the competition and the report mailed to this Commission by Ms. Amparo Ginestar Roldán,

    HAVING SEEN the written allegations and supporting proposition presented within the corresponding time limits and term by Ms. Amparo Ginestar Roldán against the initiation of the procedure and the decision of the ANCCE General Secretary that deems the documental proof and witnesses  as inadmissible as they are unacceptable and,

    HAVING SEEN the Resolution Proposal of the file, dated the 6th of May 2009, which did not proceed to a hearing, by virtue of article 10.2 of the Disciplinary Procedure regulated in the 2009 Regulations for Conformation-Functional Competitions for PRE Stallions and Mares,

    The following facts have been proven,

    FACTS

    A representative of the stud farm belonging to Ms. Amparo Ginestar, with breeder code nº 1900055300, was involved in an incident with competition judge, Mr. Javier Bayo, due to the interpretation that the judging of the horse named “Esmerado XVII”, in her opinion was unfair, stating that opinion openly in an inconsiderate manner, recriminating and even insulting the judge. Ms. Ginestar, in a written report to this committee, confirms the insults and backs them up, justifying them as in her view the decision taken by the judge was biased. Thus, she backs the attitude of her representative.

    The insults, which were acknowledged by the person who uttered them and during this instruction phase and this process are considered proven, are “sinvergüenza” and “golfo”.* This is also confirmed by the reports from the Technical Director of the afore-mentioned competition, Mr. Miguel Redondo Jiménez; the reports dated the 25th of March of the current year, from Mr. Javier Buendía del Cid, member of the ANCCE Competition Department and from the Judge, Mr. Javier Bayo Sánchez, stating that these words were expressed publicly, and due to their content and context, in an aggressive way.
                        
    JUDGEMENT

    The facts described in the aforementioned disciplinary procedure, are identified and outlined in Article 19, section a, as serious misconduct.  This type of misconduct may lead to disciplinary actions as described in Article 22 of the same procedure, which translates in being banned from attending and/or participating in competitions for up to one (1) year.
    The claims presented by the defendant—that the facts being judged are to be considered a minor incident of misconduct—have been rejected.  This is based on the fact that the words referring to the judge during the competition as “sinvergüenza” and “golfo” fail to constitute a “a minor example of misconduct” as they were expressed with certain aggressiveness, that is to say, not in a colloquial fashion.

    DISCIPLINARY ACTION

    Having stated and proven the facts, and having considered them to be serious misconduct, it is proposed that the stud farm, “Amparo Ginestar”, with the aforementioned code number, be banned from participating in Conformation Competitions organized by ANCCE for the remainder of this year 2009.  This includes the horse, “Esmerado XVII” (code 190101002514842) which was implicated in the events described. Likewise, this horse loses, where relevant, the scores obtained at the competition in which the events took place, with regards to the Book of Merits.

    Independently of the possible administrative actions derived from the aforementioned appeal, and in the exercise of the capacity granted by the Conformation Competition Disciplinary Rules and Regulations, the present Commission agrees, as a preventive measure, that the disciplinary action become effective the same day as the notification, without prejudice to the resolution which, is issued by the ANCCE Executive Committee in due course.

    APPEALS

    The interested party may exercise its right to present an appeal against the present resolution before the ANCCE Executive Committee, within the period of thirty (30) business days, starting from the date of notification.

    For its effective application, the present resolution is forwarded to the Conformation Competition Organizing Committees that make up the Spanish National Championships.



    Jacobo Rojo Ruiz de Terry
    Conformation Competition Follow-up Commission


    * Translators note: Literally translated sinvergüenza would be shameless, but in Spanish, the generally accepted meaning is a person lacking in all ethics and morals; golfo is a person who goes out every night, living a corrupted life, and in general dedicating his/her time to dubious actions while being totally irresponsible.

  • Source — ANCCE — 19/05/2009