01 Dec 2016 Disciplinary Panel - Other decisions

Keith Dalgleish 

The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 1 December 2016 to consider whether or not Keith Dalgleish, 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 DIRTY RANDY (IRE) had been gelded. The matter was first identified by an official at Musselburgh Racecourse on 11 October 2016 prior to the horse running.

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

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

Sylvester Kirk 

The Disciplinary Panel of the BHA held an enquiry on 1 December 2016 to consider whether or not Sylvester Kirk, 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 STAR MAKER had been gelded. The matter was first identified by an official at Newmarket Racecourse on 19 October 2016 prior to the horse running.

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

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

Rebecca Curtis

1. On 1 December 2016, the Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry into the analysis of the urine ordered to be taken from WILD ROVER (IRE), trained by Miss Rebecca Curtis, by the Stewards at Ludlow after the gelding won the Totepool Betting On All UK Racing Novices’ Limited Handicap Steeplechase on 8 May 2016. The sample tested positive for Triamcinolone acetonide (TCA), a prohibited substance as defined in Schedule (G)1 paragraph 7, 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 gelding.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting and Miss Curtis had requested that the matter be heard in her absence. The BHA had no objection and its case was presented by Andrew Howell.

3. The Panel noted that Miss Curtis suspected that the reason TCA was found in the gelding’s sample was the result of injections to the gelding’s knees administered by her regular Veterinary Surgeon, Mr Graham Fowke of Cotts Farm Equine, on 2 April 2016. Miss Curtis explained that the gelding had been slightly pottery while cantering downhill on the gallops. Mr Fowke advised treatment for swollen joints after examining the horse. Miss Curtis stated that withdrawal periods of medication administered to her horses in her care were regularly discussed with Mr Fowke. In this instance 15 days was thought to have been recommended, however, Mr Fowke was often overly cautious and so he may have advised 22 days, allowing for an extra week.

4. The Panel also noted that Miss Curtis had not challenged the finding, and did not elect for analysis of the ‘B’ sample.

5. The veterinary clinical notes recorded that WILD ROVER (IRE) had received 50mg Adcortyl via intra articular injection, 1ml Dororex via intravenous injection, 0.55ml Domosedan via intravenous injection and 10ml Intraepicane via subcutaneous injection. Mr Fowke had administered and authorised the medication.

6. Amanda Piggot, BHA Veterinary Adviser, had considered the likelihood of cross contamination on the basis of the evidence compiled.  She confirmed that it was entirely possible that the administration of Adcortyl on 2 April 2016 was the source of the Adverse Analytical Finding.  This was based on the variable factors that could have had an effect on the excretion rate of TCA which included the dose administered, concurrent administration of other medicines and the size and complexity of the joint or site into which it was administered.

7. The Panel noted Miss Curtis’ written submission had stated that whilst she did not dispute the breach and therefore accepted the disqualification; she believed that trainers (and vets) would in general benefit from clarification on this subject. She was informed by her vet that there was a 14 day stand down period TCA. The horse had run well beyond this period and the possibility of a breach was not in her consideration, given the information she had received.

8. Mr Howell explained that the BHA has a mandatory 14 day stand-down period from racing following the administration of the intra-articular corticosteroid, which on the facts of this case would have meant that the gelding was technically eligible to run on 8 May 2016. However, despite the fact that Miss Curtis adhered to the Rule, the BHA guidance states that the Withdrawal Time may be longer than the minimum stand-down period and that if she had any doubt she should have contacted the BHA for advice and/or had Elective Testing. Therefore it was entirely possible that the substance remained in the gelding’s system when the Sample was collected after the race.

9. The BHA accepted that there was no suggestion that Miss Curtis had been involved in any dishonesty or cheating. Mr Howell also submitted that where the source could not be identified, the trainer, as the responsible person had strict liability.

10. Having considered the evidence, including the submission from Miss Curtis, the Panel agreed that on the balance of probability, the source of the positive was the injections administered by Mr Fowke on 2 April 2016. The Panel found Miss Curtis in breach of Rule (G)2.1 and imposed a fine of £1,000.

11. Under Rule (A)74.2 Ground 3 the Panel disqualified WILD ROVER (IRE) from the race placing ROYALRAISE (IRE) first and UNDER THE PHONE (IRE) second.

Notes to Editors:

1. The Panel for the enquiries was: Philip Curl (Chair), Jeremy Barlow and Roger Bellamy

2. Triamcinolone acetonide (TCA) is a synthetic corticosteroid with anti-inflammatory and analgesic action. It is a substance which may be legitimately used in equine practice and horses in training for various therapeutic purposes, but it is a prohibited substance on raceday which means it must not be present in a horse’s system on a raceday.