08 Sep 2016 Disciplinary Panel - Referrals from Racecourse

David Nolan

1. The Disciplinary Panel of the British Horseracing Authority (BHA) on 8 September 2016 held an enquiry to establish whether or not David Nolan, the rider of DOLPHIN VISTA (IRE), the winner, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip in the totepool Live Info Download the App Handicap Stakes at Beverley on 27 August 2016. The matter was referred to the BHA Head Office by the Beverley Stewards following an enquiry on the same day because this was Mr Nolan’s fifth offence of mis-use of the whip, warranting a suspension of between 2 to 6 days, in the last 6 months.

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 Lyn Williams and Mr Nolan was represented by Rory Mac Neice. The Panel also viewed recordings of the race.

4. The Panel accepted Mr Nolan’s admission that he was guilty of misuse of the whip in that he had used his whip above the permitted level. It considered that the breach would have warranted a suspension of 2 days.

5. Taking into account that Mr Nolan:
i) had committed 5 whip breaches (3 x 2 days & 2 x 4 days), since 3 April 2016; and
ii) had had 237 rides over this period
the Panel suspended him from riding for 23 days, of which 7 days will be deferred for 2 months until 3 December 2016. The suspension will run from Friday 16 September 2016 until Monday 3 October 2016 inclusive, on days when flat racing is scheduled to take place.

6. In deciding on the length of suspension, the Panel took into account the number of rides, the period of time and the nature of the offences. However, the Panel also noted that Mr Nolan had been referred to the Disciplinary Panel in September 2015 for a breach of Schedule (B)6 Part 2.

Jordan Nason

1. The Disciplinary Panel of the British Horseracing Authority (BHA) on 8 September 2016 held an enquiry to consider an objection, under Rule (A)74.2 Ground 2 of the Rules of Racing, to EUXTON, placed third in the Collingwood Short Term Learner Driver Insurance Handicap at Newcastle on 23 July 2016 on the grounds that the rider, Jordan Nason, did not hold a valid licence due to having left the employ of his trainer and therefore, in accordance with Rule (A)15 was not qualified to ride in this race.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting and the Panel noted that Mr Nason had requested that the matter be heard in his absence. The BHA had no objection and its case was presented by Lyn Williams.

3. Mr Williams stated that Mr Nason had terminated his employment with Ronald Harris, a licensed trainer, on 22 July 2016 and rode on 23 July 2016. Concerns were raised by the BHA Licensing Department as his Apprentice Jockey’s licence immediately ceased to be valid when he left Mr Harris’ yard.

4. Having considered the evidence, the Panel upheld the objection and under Rule (A)74.2 Ground 2 disqualified EUXTON from its race, placing HARPERS RUBY third and DREAM ALLY (IRE) fourth. The Panel directed that any prize money paid out in relation to the above race be returned.

5. The Panel also found Mr Nason in breach of Rule (A)15 and fined him £150.

Roger Varian

1. The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 8 September 2016 into the analysis of the urine ordered to be taken from RECOGNITION (IRE), trained by Roger Varian, by the Stewards at Wolverhampton after the colt was placed first in the 32Redsport.com Handicap on 24 March 2016. The sample 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 and Mr Varian had requested that the matter be heard in his absence. The BHA had no objection and its case was presented by Andrew Howell.

3. The urine sample taken from RECOGNITION (IRE) was found to contain Meptazinol, which is a prohibited substance. The trainer exercised his right to have the ‘B’ sample analysed, which confirmed the original finding. Meptazinol is a mixed agonist and antagonist with partial opioid agonist activity as well as having an effect on a horse’s nervous system. It is used to manage moderate to severe pain and trades under the name Meptid®. There are no licensed preparations of Meptazinol for use in animals but numerous preparations containing Meptazinol are available in the UK for use in humans.

4. Mr Howell stated that following the positive analysis, BHA Investigating Officers interviewed Mr Varian at his stables on 26 April 2016 and he had confirmed that he was not aware of any of his stable staff taking Meptazinol or Meptid®, having asked his stable staff and race day staff. Examination of Mr Varian’s medication records and veterinary practice records showed no entry for Meptazinol nor was Meptazinol found anywhere on the yard.

5. A BHA Investigating Officer returned to the stables on 26 May 2016 to make further enquiries. The Assistant Trainer, Will Johnson, confirmed that the farrier used was not on medication when he shod RECOGNITION (IRE), and no other service provider had seen or treated the colt. Mr Varian’s veterinary surgeon, Mr Simon Waterhouse, was on site at the time of this visit and he confirmed that he had not administered Meptazinol to any horses on Mr Varian’s yard.

6. 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.

7. The Panel accepted Mr Varian’s admission of a breach of Rule (G)2.1 and imposed a fine of £1,000. It was not asked by the BHA to consider a contribution to the costs associated with the analysis of the ‘B’ sample.

8. Under Rule (A)74.2 Ground 3, the Panel disqualified RECOGNITION (IRE) from the race, placing FRIVOLOUS PRINCE (IRE) first, RAINBOW LAD (IRE) second, WHITECLIFF PARK (IRE) third and SCHOOLBOY ERROR (IRE) fourth. The Panel directed that any prize money paid out in relation to the above race be returned.

Notes to Editors:

1. The Panel for the enquiries was: William Barlow (Chair), Celina Carter, Ian Stark