07 Jan 2016 Disciplinary Panel - Appeals against decisions on a Racecourse Disciplinary Panel - Integrity Issues

Jonathan Portman

1. On 7 January 2016, the Disciplinary Panel of the British Horseracing Authority (BHA) heard an appeal brought by Jonathan Portman, the trainer of CLASSIC MISSION, against the decision of the Stewards at Lingfield Park on 20 December 2015 to reverse the placings of the first and second home in the Download the Coral App Handicap Stakes. They demoted CLASSIC MISSION, ridden by Charlie Bennett, to second place, and in consequence promoted ALSHAN FAJER, ridden by Adam Kirby, to first place. They found that interference from a furlong out caused by CLASSIC MISSION continuously edging left taking ALSHAN FAJER off his intended line had caused him to lose more ground than the head by which he was beaten.

2. As always, the Disciplinary Panel approached this type of appeal as a re-hearing. The appeal was presented by CLASSIC MISSION’s trainer, Jonathan Portman and the BHA’s case was presented by Lyn Williams. Charlie Bennett, the rider of CLASSIC MISSION, and Adam Kirby, the rider of ALSHAN FAJER, were in attendance.

3. Mr Williams stated that both the horses concerned were hard ridden from 1 furlong out when CLASSIC MISSION hung left and made contact with ALSHAN FAJER. Bennett straightened his horse but then picked up his whip again causing CLASSIC MISSION to drift left handed taking ALSHAN FAJER off his intended line, all the way to the post. Six strides before the post CLASSIC MISSION gave ALSHAN FAJER a further bump.

4. Kirby, in giving evidence, said that CLASSIC MISSION was leaning on him and that he felt his mount was intimidated throughout the final furlong which was borne out by the films which showed that having been 4 – 5 widths from the rail turning in, he was only 1 width from it at the line.

5. Portman, whilst agreeing that his horse had caused ALSHAN FAJER interference, said that he felt it was minimal and that Kirby’s horse was well held all the way to the line and beaten by a head. Bennett in giving evidence said that he felt that CLASSIC MISSION was always going the better despite that he was hanging left and was never more than a head in front.

6. The Panel dismissed Portman’s appeal and confirmed the placings as it felt that the interference caused by CLASSIC MISSION had improved its placing and that had ALSHAN FAJER had an uninterrupted run to the line it would have won the race. It ordered the deposit to be returned as the Panel understood Portman’s reasons for lodging his appeal.
James Fanshawe

1. On Thursday 7 January 2016 the Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 7 January 2016 into the analysis of the urine ordered to be taken from HE’S MY BOY (IRE), trained by James Fanshawe, by the Stewards at Newmarket after the gelding had won the Mead Construction Handicap Stakes on 17 July 2015. 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 of the Rules of Racing in respect of the possible disqualification of the gelding

2. The urine taken from HE’S MY BOY (IRE) was found to contain Acepromazine, which is a prohibited substance. The trainer exercised his right to have the B sample analysed at LGC which confirmed the original finding.

3. The BHA’s case was presented by Shruti Sharma and James Fanshawe, who was in attendance, was represented by Dawn Bacchus from the National Trainers Federation.

4. Following the positive analysis, BHA Investigating Officers interviewed Fanshawe at his stables on 14 August 2015. After considering the evidence, including submissions from Ms Bacchus, 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.

5. The Panel further considered an alleged breach of Rule (C) 37.1 in that, as part of the yard visit on 14 August 2015, Fanshawe provided his computerised yardman medication records and these records were reviewed and showed that FRESH KINGDOM (IRE) had received an intra-articular corticosteroid injection, Adcortyl, on 18 May 2015 and KNIGHT OWL had received an intra-articular corticosteroid injection, Adcortyl, on 1 June 2015. FRESH KINGDOM (IRE) ran in the Smart Forfour Engineered by Mercedes-Benz Handicap at Haydock on 29 May 2015, eleven days after the administration of Adcortyl, and KNIGHT OWL ran in the Winners Sports Handicap at Sandown on 13 June 2015, twelve days after the administration of Adcortyl.

6. On 27 August, 2015 Fanshawe was again interviewed by BHA Investigating Officers and confirmed that he was aware of Schedule (B)3 Paragraph 11A, namely, that his horses should not have been administered any intra-articular corticosteroid on the 14 days before a race for which they are declared to run in and that he always set out to adhere to a clear 14 days before racing a horse. However, on these occasions he had not recorded the administration in his own paper records (they had been recorded on his computerised records), which he consulted when working out suitable race entries for his horses.

7. The Panel accepted an admission from Fanshawe that he was in breach of Rule (G)2.1 and imposed a fine of £1,000.

8. Under Rule (A)74.2 Ground 3 the Panel disqualified HE’S MY BOY (IRE) from the race placing ZESHOV (IRE) first, LE LAITIER (FR) second, DREAM TUNE third, LOUD fourth, INTREPID (IRE) fifth and KALON BRAMA (IRE) sixth.

9. The Panel found Fanshawe in breach of Schedule (B)3 paragraph 11A and imposed a fine of £1,000. Under Rule (A)74.2 Ground 4, the Panel disqualified FRESH KINGDOM (IRE) from its race, placing LIGHT OF ASIA (IRE) third, JOHN LOUIS fourth, YUL FINEGOLD (IRE) fifth and THE CHARACTER (IRE) sixth. It also disqualified KNIGHT OWL from its race, placing MIRACLE OF MEDINAH sixth, SANTEFISIO seventh and WEE JEAN eighth. The Panel directed that any prize money paid out in any of the above races be returned.
Richard Woollacott

1. On 7 January 2016, the Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry into the analysis of the urine ordered to be taken from SEACON BEG (IRE), trained by Richard Woollacott, by the Stewards at Newton Abbot after the gelding won the Play the New Scoop6soccer Today Handicap Hurdle on 22 August 2015. 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 gelding.

2. The Panel noted that Woollacott requested that the matter be heard in his absence. The BHA’s case was presented by Shruti Sharma.

3. The urine taken from SEACON BEG (IRE) was found to contain Triamcinolone acetonide, a prohibited substance as defined in Schedule (G)1 paragraph 7.

4. The Panel noted that Woollacott had stated that Ray Dilliway, his Veterinary Surgeon, had examined the gelding on 4 August 2015 and found that it was lame on his left hind. Mr Dilliway had injected by intra articular injection into the medial compartment of the stifle 2cc of Adcortyl, a licensed preparation of Triamcinolone, and 2ml of Amikin and had advised a 16 day withdrawal period.

5. Having considered the evidence, the Panel agreed that on the balance of probability, the source of the positive was the injection administered by Woollacott’s Veterinary Surgeon on 4 August 2015. The Panel found Woollacott in breach of Rule (G)2.1 and imposed a fine of £750.

6. Under Rule (A)74.2 the Panel disqualified SEACON BEG (IRE) from the race, placing CRUISE IN STYLE (IRE) first, MIX N MATCH second, WATCHMETAIL (IRE) third, BOHER LAD (IRE) fourth, TENBY JEWEL (IRE) fifth and THEIONLADY (IRE) sixth. The Panel directed that any prize money paid be returned.

Kieren Fox

1. On 7 January 2016, the Disciplinary Panel of the British Horseracing Authority (BHA) heard an appeal lodged by Kieren Fox, the rider of STATE OF THE UNION (IRE), in the Daily Price Boosts at Unibet Handicap Stakes at Lingfield Park on 28 December 2015. The appeal challenged the findings of the Lingfield Park Stewards that both Fox and Lee Carter, the trainer of STATE OF THE UNION (IRE) were in breach of Rule (B)67.4.4 in that Fox had weighed in at 8st 11lb having weighed out at 9st 0lb. The Stewards suspended Fox for 2 days and fined Carter £500. Carter did not appeal the findings and the disqualification of STATE OF THE UNION (IRE) was mandatory under Rule (B)67.10 and was not subject to appeal.

2. The hearing before this Panel operated as a rehearing. Rory Mac Neice represented Fox, who was not in attendance and Carter was represented by Dawn Bacchus, National Trainers Federation. Lyn Williams presented the facts on behalf of the BHA and showed CCTV footage of Fox weighing out and immediately handing his tack to Carter, where the weight cloth was clearly visible.

3. Fox returned to the scales after finishing second and weighed in 3lb light. Having identified that the weight cloth was missing he retraced his steps to the unsaddling enclosure accompanied by a Stipendiary Steward William Hudson, but the weight cloth was not to be found. There was also no evidence of the weight cloth being lost during the race.

4. The Panel therefore found Fox not to be in breach of Rule (B)67.4.4 and allowed his appeal and quashed the 2 day suspension.

5. Ms Bacchus gave evidence on behalf of Carter who could offer no further information on the missing weight cloth. He accepted this had been with the saddle when it was given to him by Fox immediately after weighing out.

6. The Panel decided that Carter was solely responsible and found him to be in breach of Rule (B)67.4.4 and imposed a penalty of £1,000.
Notes to Editors:

1. The Panel for the hearings was: Lucinda Cavendish (Chair), Diana Powles, Jeremy Barlow.