10 Jun 2016

Jim Boyle

1. On 9 June 2016, the Disciplinary Panel of the British Horseracing Authority (BHA) heard an appeal brought by Jim Boyle, the trainer of ONORINA (IRE), against the decision of the Stewards at Lingfield Park on 19 May 2016 to reverse the placings of the first and second home in the Menzies Distribution Ltd Handicap Stakes. They demoted ONORINA (IRE), ridden by Sam Hitchcott, to second place, and in consequence promoted AYR OF ELEGANCE, ridden by George Baker, to first place. They found that accidental interference had been caused by ONORINA (IRE) shifting left-handed carrying AYR OF ELEGANCE off its intended line and that having lost momentum, AYR OF ELEGANCE had rallied and there had only been a nose between the two horses at the line.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting.

3. As always, the Disciplinary Panel approached this type of appeal as a re-hearing. The appeal was presented by ONORINA (IRE)’s trainer, Jim Boyle and the BHA’s case was presented by Lyn Williams. Sam Hitchcott, the rider of ONORINA (IRE), and George Baker, the rider of AYR OF ELEGANCE, were in attendance.

4. Mr Williams stated that approaching the ½ furlong marker accidental interference had taken place between ONORINA (IRE) and AYR OF ELEGANCE, caused by Mr Hitchcott whose mount ONORINA (IRE) shifted left away from the whip taking AYR OF ELEGANCE of its intended line, causing it to lose momentum. He said that when Mr Baker got his horse rebalanced it was making up ground and was only beaten by a nose and that with an uninterrupted run to the line would have won.

5. Mr Boyle submitted that the interference was initiated by Mr Baker, when AYR OF ELEGANCE shifted right handed away from the whip giving ONORINA (IRE) a slight bump which caused ONORINA (IRE) to become unbalanced and lean into AYR OF ELEGANCE.

6. The Panel found that accidental interference had taken place, but that it had been initiated by AYR OF ELEGANCE and therefore ordered the placings to be reversed and upheld Mr Boyle’s appeal and confirmed the placings as ONORINA (IRE) first and AYR OF ELEGANCE second.

 

Sir Michael Stoute

1. The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 9 June 2016 into the analysis of the urine ordered to be taken from CANNOCK CHASE (USA), trained by Sir Michael Stoute, by the Stewards at Newmarket after the colt was placed first in the Sakhee Godolphin Stakes (Class 1) (Listed Race) on 25 September 2015. The samples tested positive for a prohibited substance, in breach of Rule (G)2.1 of the Rules of Racing. The Panel also considered whether or not to take action under Rule (A)74.2 Ground 3 in respect of the possible disqualification of the colt.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting.

3. The BHA’s case was presented by Sheena Chohan. William Norris QC represented Sir Michael Stoute who was also in attendance.

4. The urine sample taken from CANNOCK CHASE (USA) was found to contain O-desmethyltramadol, a metabolite of tramadol, which is a prohibited substance. The trainer exercised his right to have the ‘B’ sample analysed, which confirmed the original finding.

5. Ms Chohan stated that following the positive analysis, BHA Investigating Officers interviewed Sir Michael, his staff and service providers at his stables on 22 October 2015 and also found no substances or products on the yard that appeared to contain O-desmethyltramadol or tramadol. At the time of visiting Sir Michael’s yard, the Investigating Officers were aware of several other Adverse Analytical Findings of O-desmethyltramadol and/or tramadol in other horses in other yards. Sir Michael and his staff were notified, therefore, that extensive investigations were underway to determine whether there was any commonality between these cases, including in relation to geographical location, feed type used, supplements and additives used, veterinary practice used, etc. However, to date, the BHA was not in receipt of any evidence to assist in determining the potential source(s) of O-desmethyltramadol in this case or in other cases. She also submitted that where the source could not be identified, the trainer, as the responsible person had strict liability.

6. Mr Norris QC stated that Sir Michael had done nothing wrong, had kept meticulous veterinary records and taken every reasonable step to ensure that the horses in his care were fully supervised. He accepted, on behalf of Sir Michael, the mandatory disqualification of the horse but submitted in the absence of any conclusive proof of the source of the positive, the Panel had the power to apply no financial penalty.

7. After considering the evidence, the Panel was unable to establish the source of the substance, and could not therefore be satisfied that the administration of the substance was accidental and that the trainer had taken all reasonable care.

8. The Panel found Sir Michael in breach of Rule (G)2.1 and imposed a fine of £1,000.

9. Under Rule (A)74.2 Ground 3, the Panel disqualified CANNOCK CHASE (USA) from the race, placing TASHAAR (IRE) first, HAVANA BEAT (IRE) second, RED GALILEO third, KALLISHA fourth and WHIPLASH WILLIE fifth. The Panel directed that any prize money paid out in relation to the above race be returned.

 

Bath Racecourse

1. The Disciplinary Panel of the British Horseracing Authority (BHA) on 9 June 2016 held an enquiry to consider whether or not Arena Racing Company (ARC), the Managing Executive of Bath Racecourse, had committed a breach of Rule (F)15.3.4 of the Rules of Racing, in that, by failing to ensure that the staff responsible for treading in between races were clear of the course during the running of the second race at Bath on 2 May 2016, the Executive had failed to carry out their responsibility to ensure that the course was maintained in good condition.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting.

3. The BHA case was presented by Lyn Williams. Mrs Jo Hall, Executive Director of Bath Racecourse and Stephen Higgins, Racing and Property Director for ARC were in attendance.

4. Mr Williams submitted that 2 people, employed by the racecourse to tread in, were still on the track as the runners turned into the home straight. They were unaware it was a 2 mile race and that the runners would come up the home straight twice. This put both their safety and that of the runners and riders potentially at risk.

5. Mr Higgins admitted that this was the case despite the fact that they had been fully briefed about their duties and race distances. They had worked for the racecourse for ten years and had been given a race card on the day. He felt that the combination of poor visibility due to the bad weather and their wearing hooded coats contributed to the fact that they could not hear the commentary. This explained why they were late to leave the running line.

6. Having considered the evidence, the Panel found that the Executive was in breach of Rule (F)15.3.4 and fined the Executive £2,000.

7. The Panel noted that the Executive at Bath racecourse had implemented measures to ensure that there was no re-occurrence in the future.

 

Jamie Snowden

1. The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 9 June 2016 to consider an objection by the connections of CHARLIE COOK (IRE), placed second, to CARRIGKERRY (IRE), trained by Jamie Snowden, placed first in the Ladbrokes Handicap Hurdle at Worcester on 19 May 2016 on the ground that the gelding did not meet the requirements of Schedule (B)3 paragraph 23.2, in that the gelding had not been in the care of and trained by Mr Snowden for the 14 days immediately before the race.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting.

3. Lyn Williams attended on behalf of the BHA. Mr Graeme McPherson represented the connections of CHARLIE COOK (IRE) and Mr Snowden represented himself and Ms Dawn Bacchus, National Trainers Federation was also in attendance.

4. Mr McPherson submitted that CARRIGKERRY (IRE) was not qualified to run in the race as the gelding had not been in the care and trained by Mr Snowden for the 14 days immediately before the race.

5. Mr Snowden stated that CARRIGKERRY (IRE) had come into his care immediately following it’s previous race at Newton Abbot on 5 May 2016 when the gelding was driven back to his yard by Miss P Fuller one of his employees. He considered this to be the first of the 14 days required by the Rule, and this was not contested by the BHA.

6. The Panel allowed the Objection as they considered that when the gelding ran at Newton Abbot on 5 May 2016 it was trained by Mrs R Fuller and therefore that day could not be counted as day one of the 14 day requirement to be under the care of and trained by Mr Snowden.

7. Under Rule (A)74, Ground 4, the Panel disqualified CARRIGKERRY (IRE) from the race placing CHARLIE COOK (IRE) first.

 

Martin Keighley

The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 9 June 2016 to consider whether or not Martin Keighley, a licensed trainer, had committed a breach of Rule (C)17 of the Rules of Racing, in respect of his failure to notify the Racing Calendar Office, by noon 5 days before the horse’s next run, that JAZZY (IRE) had been gelded. However, the Panel noted that Mr Keighley had informed the Racing Calendar Office on the morning of the race.

Prior to the enquiry, Mr Keighley and the BHA had agreed that they had no objection to the Panel members sitting.

Having considered the evidence, the Panel found Mr Keighley in breach of Rule (C)17 and fined him £100.

 

Richard Fahey

The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 9 June 2016 to consider whether or not Richard Fahey, a licensed trainer, had committed a breach of Rule (C)17 of the Rules of Racing, in respect of his failure to notify the Racing Calendar Office, by noon 5 days before the horse’s next run, that FIREDANSER had been gelded.

Prior to the enquiry, Mr Fahey and the BHA had agreed that they had no objection to the Panel members sitting.

Having considered the evidence, the Panel found Mr Fahey in breach of Rule (C)17 and fined him £200.

 

Notes to Editors:

1. The Panel for the hearings was: Lucinda Cavendish (Chair) Diana Powles, Edward Dorrell

2. The urine sample taken from CANNOCK CHASE was found to contain O-desmethyltramadol, a metabolite of tramadol, which is a prohibited substance on raceday.

3. Tramadol is a pain relief medication.