18 Dec 2014 Disciplinary Panel - Referrals from Racecourse

Keith Dalgleish

The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on Thursday 18 December 2014 into whether or not Keith Dalgleish, a licensed trainer, was in breach of Rule (C)13 of the Rules of Racing in that he failed to detail in his medication records all the necessary information relating to the Treatments administered to HAYHAR Z whilst under his care and control. The Panel also considered whether or not Dalgleish was in breach of Rule (C)22 in that by virtue of the fact he did not have a suitable system in place to ensure that section IX of a horse’s passport was signed if it received treatments of phenylbutazone whilst under his care or control, he fell below the reasonable standard of care and skill BHA expects of its Licensed Trainers.

The Panel noted that three separate injections of phenylbutazone had been administered to HAYHAR Z on 2 July 2013, 26 August 2013 and 28 August 2013 that were not recorded in Dalgleish’s Medication Record Book. In addition, the administrations were absent from HAYHAR Z’s passport.

The Panel also noted that BHA limited its case in respect of Rule (C)22 to Dalgleish falling “below acceptable standard”.

The Panel accepted an admission from Dalgleish that he was in breach of Rule (C)13 and imposed a fine of £500. It also accepted an admission from him that he was in breach of Rule (C)22 and imposed a fine of £2,000.

The Panel also informed Dalgleish that all the horses in his care may be the subject of examination and the taking of samples for analysis provided for in Rule (A)49 within the next 12 months.

 

James Ewart

The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on Thursday 18 December 2014 into the analysis of the urine ordered to be taken from ROCKAWANGO (FR), trained by James Ewart, by the Stewards at Hamilton after the gelding had finished second in the Neisland and Earnock Handicap Stakes on 2 September 2014. The sample tested positive for a prohibited substance, in breach of Rule (C)53 of the Rules of Racing. The Panel considered whether or not to take action under Rule (A)74.2 of the Rules of Racing in respect of the possible disqualification of the gelding. The Panel also considered whether or not Ewart had committed a breach of Rule (C)13 in that he had failed to enter into his medication records the full details of the treatments administered to ROCKAWANGO (FR).

The urine taken from ROCKAWANGO (FR) was found to contain methylprednisolone, which is a prohibited substance. The trainer did not exercise his right to have the ‘B’ sample analysed.  After considering the evidence, including a statement from Ewart, the Panel was satisfied that the source of the substance was 200mg of Depo-medrone (that contains Methylprednisolone acetate) administered by his Veterinary Surgeon on 31 July 2014 to the dorsal thoracolumbar region of the gelding. In an advisory note to the trainer following the treatment his Veterinary Surgeon had advised a withdrawal period of 60 days.

The Panel further considered whether or not Ewart had committed a breach of Rule (C)13 in that his medication records failed to detail all the necessary information relating to the treatment administered to ROCKAWANGO (FR) on 16 June 2014, 20 June and 31 July 2014.

The Panel accepted an admission from Ewart that he was in breach of Rule (C)53 and imposed a fine of £1,000. It also accepted an admission from him that he was in breach of Rule (C)13 and imposed a fine of £500.

Under Rule (A)74.2 the Panel disqualified ROCKAWANGO (FR) from the race placing CLEAR SPELL (IRE) second, ROYAL STRAIGHT third and STYNES (IRE) fourth.

The Panel also informed Ewart that all the horses in his care may be the subject of examination and the taking of samples for analysis provided for in Rule (A)49 within the next 12 months.

 

Sedgefield Racecourse

The Disciplinary Panel of the BHA on Thursday 18 December 2014 held an enquiry to consider whether or not Arena Racecourse Company, the Managing Executive of Sedgefield Racecourse, had committed a breach of Rule (F)15.2.3 of the Rules of Racing, in light of BHA General Instruction 3.7 paragraph 1, headed “Possible Hazard Warnings and Stop Race Procedures”, in that the fence attendant responsible for signalling to the runners in Race 3 at Sedgefield on 25 November 2014 that fence 3 was to be bypassed, erroneously waved a yellow ‘stop-race’ flag rather than the black and white chequered ‘by-passing’ flag. The consequence of the incorrect flag being waved was ultimately the voiding of the race by the racecourse Stewards.

The Panel noted that the operating procedures for the implementation of the Stop Race Procedures are specific in only allowing a yellow stop race flag to be carried by those persons pre-determined by the racecourse. The fence attendant responsible for waving the yellow flag on this occasion was not one of those persons. At the Stewards Enquiry both Sophie Barton, Clerk of the Course, and Mark Davison, the Head Groundsman, confirmed that the fence attendant had received training on the by-passing procedure at the beginning of the season and when he collected his flag and whistle before racing. However, the fence attendant stated that he was not aware of what colour flag to use.

Having considered the evidence, including verbal submissions on behalf of the Executive, from Jill Williamson, Racecourse Manager, and Sophie Barton, Clerk of the Course, the Panel accepted an admission that the Executive was in breach of Rule (F)15.2.3.

Taking into account that this was the Executive’s second breach of Rule (F)15 involving a track related incident within two months, the Panel fined the Executive £5,000.

 

Newcastle Racecourse

The Disciplinary Panel of the BHA on Thursday 18 December 2014 held an enquiry to consider whether or not Arena Racecourse Company, the Managing Executive of Newcastle Racecourse, had committed a breach of Rule (F)15.3.4 of the Rules of Racing, in that by failing to fill the holes and repair the ground properly following the removal of the third-last hurdle prior to the running of the STP Construction Maiden Open National Hunt Flat Race (Race 7) at Newcastle on 14 November 2014 the Executive failed to carry out its responsibility to ensure that the course was maintained in good condition.

The Panel noted that in particular, BHA stated that the safety of horses and riders was compromised by the failure to fill the holes and repair the ground properly and drew the Panel’s attention to the fall of HITMAN HARRY, ridden by Wilson Renwick, and the gelding’s resultant euthanasia, as being illustrative of their safety being compromised.

Having considered the evidence, including verbal submissions on behalf of the Executive from James Armstrong, the Clerk of the Course, the Panel found that the Executive was in breach of Rule (F)15.3.4. The Panel fined the Executive £4,500.

 

Notes to editors:

1. The Panel for the enquires was: William Barlow (Chair), Roger Bellamy, Ian Stark.