02 Feb 2017 Disciplinary Panel - Other decisions Disciplinary Panel - Referrals from Racecourse

In Absence – John O’Shea

1.    The Disciplinary Panel of the British Horseracing Authority on 2 February 2017 held an enquiry to establish whether or not John O’Shea, a licensed trainer, had committed a breach of Rule (C)12 of the Rules of Racing concerning his failure to check the identity of CHAMPAGNE FREDDIE from the markings shown in the horse’s passport as soon as it came into his care.  The matter was reported to the Authority by the Veterinary Officer on duty at Wolverhampton on 12 December 2016 who identified a number of significant discrepancies between the gelding and the markings in its passport.  However, the microchip number did match the one recorded in the passport.  The Veterinary Officer was satisfied that it was the correct horse and did not prevent the gelding from running.

2.    Prior to the enquiry, Mr O’Shea had agreed that the matter could be heard in his absence.  Also, Mr O’Shea and the BHA had agreed that they had no objection to the Panel members sitting.  The case was presented by Lauren Robinson.

3.    Miss Robinson informed the Panel that it would have to decide whether Mr O’Shea failed to check the identity of CHAMPAGNE FREDDIE, and was in breach of Rule (C)12.1, or if Mr O’Shea checked the identity of the gelding but failed to report the discrepancies to the Racing Calendar Office and was in breach of Rule (C)12.2.

4.    Having considered the evidence, the Panel accepted Mr O’Shea’s admission that he was in breach of Rule (C)12.1 and fined him £300.

In Absence – James Osborne

1.    The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 2 February 2017 to consider whether or not James Osborne, 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 CEYHAN had been gelded.  The matter was drawn to the BHA’s attention when the horse was entered and run at Lingfield on 21 January 2017.

2.    Prior to the enquiry, Mr Osborne had agreed that the matter could be heard in his absence.  Also, Mr Osborne and the BHA had agreed that they had no objection to the Panel members sitting.  The BHA’s case was presented by Lauren Robinson.

3.    The Panel noted that Mr Osborne had informed the Racing Calendar Office the day before the race so the correct details were published in the Racing Press and Racecard on the day.

4.    Having considered the evidence, the Panel accepted Mr Osborne’s admission to a breach of Rule (C)17 and fined him £100.

In Absence – Luca Cumani

1.    On 2 February 2017, the Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry into the allegation that Mr Luca Cumani, a licensed trainer, was in breach of Rule (C)37.1 of the Rules of Racing by virtue of the fact that he declared CUTTY SARK to run in the Tilbrooks Landscape & Tuddenham Nurseries Handicap race at Newmarket on 12 August 2016 for which it was not qualified.  This was due to the absence of a Certificate of Analysis from a BHA approved laboratory reporting no presence or use of a prohibited substance or prohibited method in accordance with Rule (E)17.5.  Also, whether CUTTY SARK should be disqualified from the race it ran pursuant to Rule (A)74.2 Ground 4.

2.    Prior to the enquiry, Mr Cumani had agreed that the matter could be heard in his absence.  Also, Mr Cumani and the BHA had agreed that they had no objection to the Panel members sitting.  The BHA’s case was presented by Andrew Howell.

3.    Mr Howell informed the Panel that CUTTY SARK, owned by Aston House Stud Limited, had been permanently imported from Italy into Great Britain on 3 June 2016 and entered into training with Mr Cumani on 22 June 2016.  An Export Certificate for the filly had been lodged with Weatherbys on 22 July 2016.  On 12 August 2016 the filly ran in the Tilbrooks Landscape & Tuddenham Nurseries Handicap race at Newmarket.

4.    Pursuant to Schedule (G)2 paragraph 4.5, the owners were required to file the whereabouts of the filly within seven business days of its arrival in Great Britain, i.e. by 14 June 2016, so that a sample could be collected from it.  The owners failed to provide the BHA with the filly’s whereabouts within the specified timeframes.  Whereabouts documentation for the filly was provided to the BHA on 18 August 2016, by which time the filly had already run at Newmarket.

5.    Aston House Stud Limited’s failure to provide the required whereabouts information of the filly within the specified period resulted in a Filing Failure being issued against it, pursuant to Rule (G)5.7 and Schedule (G)2 paragraph 5.  The owners did not dispute the Filing Failure, which was confirmed on 14 December 2016.  Due to this failure, the BHA had been unable to collect a sample from the filly prior to its run and therefore no Certificate of Analysis was available to the BHA before the filly was declared to run, as required by Rule (E)17.5.  A sample had been collected from the filly on 24 August 2016 and analysed.  The sample showed no evidence of the presence or use of a prohibited substance or a prohibited method prohibited at all times.

6.    The Panel noted that Mr Cumani, in a written submission, stated that the filly had been imported from Italy by Aston House Stud Limited and sent to a pre-training yard before coming to Mr Cumani.  Mr Spencer Chapman, representing Aston House Stud Limited, had accepted failure to provide the required whereabouts information of the filly within the specified period resulting in a Filing Failure being issued against it.  Mr Cumani fully accepted his office’s oversight and administration failure.  His racing secretary confirmed that measures had now been put in place to prevent a similar situation in the future.

7.    Having considered the evidence, the Panel accepted Mr Cumani’s admission to a breach of Rule (C)37.1 and fined him £1,000.  The Panel also disqualified CUTTY SARK from the race.

Notes to Editors:

1. The case involving Mick Easterby has been deferred to another date, to be confirmed.

2. The Panel for the enquires was: William Barlow (Chair), Edward Dorrell and Peter Reynolds