Aidan O’Brien, Colm O’Donoghue and Johnny Murtagh
The Disciplinary Panel of the British Horseracing Authority held an enquiry to consider whether or not Colm O’Donoghue, the rider of RED ROCK CANYON (IRE), committed a breach of Rule 153(iv)(a) and whether or not Aidan O’Brien, the trainer, committed a breach of Rule 153(vi), concerning the riding of RED ROCK CANYON (IRE) in the Juddmonte International Stakes at Newmarket on 23rd August 2008. The Disciplinary Panel also considered whether or not Johnny Murtagh, the rider of DUKE OF MARMALADE (IRE), has committed a breach of Rule 220(i) or 220(iii), in that he instructed, directed or encouraged Mr O’Donoghue to ride in the way he did.
The Panel found Colm O’Donoghue in breach of Rule 153(iv)(a), Aidan O’Brien in breach of Rule 153(vi) and Johnny Murtagh in breach of Rule 220(iii).
The Panel suspended Mr O’Donoghue and Mr Murtagh for 7 days and imposed a fine of £5,000 on Mr O’Brien. Full reasons for the Disciplinary Panel’s decision will be made available within the next few days.
The parties have seven days to appeal from the receipt of the Panel’s reasons. Any suspension will not begin until after those seven days have elapsed or, in the event of an appeal, until after such an appeal is heard.
Paul Struthers, Media Relations Manager for the British Horseracing Authority, said:
“As all parties have seven days from the receipt of the Disciplinary Panel’s reasons to appeal, it would be inappropriate to comment on today’s proceedings. However, I would like to stress that in reaching their conclusions the Panel made clear that there was no attempt to cheat, simply that the breaches occurred due to ignorance of the details of the rule in question.”
Notes for Editors:
• The Panel for the enquiry was: Tim Charlton QC (Chairman), Sandra Arkwright and Nicky Vigors.
• The Authority was represented by Graeme McPherson QC. Messrs O’Brien, Donoghue and Murtagh were represented by John Kelsey-Fry QC.
• Any suspension would not be served on Sunday 5th October, the day of the Prix de l’Arc de Triomphe, as there is no Flat racing taking place in Great Britain that day.
• Rule 153(iv) states:
A Rider shall not:
(a) make a manoeuvre in a race in the interests of another horse in common ownership or under common control or from the same stable or team whether or not such a manoeuvre caused interference or caused his horse to fail to achieve its best possible placing.
(b) commit a riding offence with the intention or with the consequence of giving advantage to another horse in common ownership or under common control or from the same stable or team.
For the avoidance of doubt this Rule does not prohibit pure pacemaking as such, and the phrase “common ownership” means that the horses in question share one or more owners in common and “common control” shall be similarly construed.
• Rule 153(vi) states:
The Trainer of a horse whose Rider is found in breach of Rule 153 (iv) (a) or (b) shall be deemed guilty of an offence unless he is able to satisfy the Stewards that he instructed his Rider to treat every other horse in the race without any favour, howsoever the race developed, and that the Rider acted regardless of such instructions.
• 220(iii) states:
No person shall act in a manner which in the opinion of the HRA is prejudicial to the integrity, proper conduct or good reputation of horseracing in Great Britain whether or not such conduct shall constitute a breach of any of the foregoing Orders or Rules of Racing.
