The British Horseracing Authority (BHA) has today provided an update regarding the seven disciplinary cases on which Matthew Lohn sat as a member of the Disciplinary Panel following his instruction by the BHA, in October 2013, to provide advice on issues unrelated to his work as a Panel member.
In each of the seven cases, the BHA wrote to all individuals involved to outline the options that are available including the possibility of any challenge to the decisions made being considered in an arbitral process. This was offered to avoid for all parties the significant time and cost involved in potential court proceedings.
While continuing to respect the confidentiality of the parties concerned where appropriate, the BHA can now provide the following update:
- An agreement has been reached with Anthony Knott and Andrew Callow regarding their cases, without the matter going to arbitration or court.Mr Knott and Mr Callow deny breaching the Rules of Racing. The consequences of the situation regarding Mr Lohn on Mr Knott’s and Mr Callow’s cases and penalties, for example whether the decision should be quashed, or whether the matter should be reheard, is a matter of dispute.
However, bearing in mind that both have already served 22 months of a 36 month disqualification or exclusion (respectively), the BHA does not believe it is in the best interests of racing to spend considerable time and money either through arbitration or in the High Court, disputing those consequences. Such proceedings are likely to take several months, by which time both individuals would have served at least two years of their three-year disqualification or exclusion period.
To avoid costly and protracted proceedings, the BHA has agreed not to enforce the remaining period of disqualification and exclusion, to remove the decision from both individuals’ disciplinary record and to remove their names from the BHA’s list of disqualified and excluded persons as of Tuesday 1 November 2016. Mr Knott and Mr Callow have agreed that this represents the conclusion of this matter.
The background to this case can be found under the notes to editors, below.
- In two of the cases the parties involved confirmed that they do not wish to take the matter further and the files are now closed.
- In a fourth case the BHA has closed the file on the basis that all parties have either not responded, or have confirmed that they do not wish to take the matter further.
- In the remaining three cases, the BHA is in ongoing correspondence with the individuals or their representatives regarding arbitration.
In addition, a provisional date of 13-14 December has been set for the rehearing of the Paul Gilligan case. The Chairman of the Disciplinary Panel, Lucinda Cavendish, will provisionally select the Panel members to hear the case.
Nick Rust, Chief Executive for the BHA, said:
“The BHA is making progress in its progression of the legacy cases involving Matthew Lohn.
“We believe we are taking a fair and reasonable approach and acting in the best interests of racing, while also bearing in mind the specifics of each individual case.”
Notes to Editors
1. No further comment on the case involving Mr Knott and Mr Callow will be made by the BHA, Mr Knott or Mr Callow.
2. Background to Anthony Knott and Andrew Callow case:
At a Disciplinary Panel hearing on 3-5 November 2014, registered owner Anthony Knott was found in breach of Rule (A)37 by assisting, encouraging or causing another person to act in contravention of Rule (A) 41.1, in that he passed inside information about the likely performance of THEROADTOGOREY (IRE) in a race, and disqualified from 19 December 2014 until 18 December 2017.
At the same hearing, non-licensed and non-registered person Andrew Callow was found in breach of Rule (A)41.1 by committing a corrupt or fraudulent practice, namely the use of inside information about the likely performance of THEROADTOGOREY (IRE) for lay betting purposes in one race, and excluded for three years from 19 December 2014 until 18 December 2017 inclusive.
On 22 April 2015 the Appeal Board considered an appeal to this case by Anthony Knott, which was dismissed.
Owing to the fact that they have been removed from Mr Knott’s and Mr Callow’s disciplinary records, the written decisions and reasons of the Disciplinary Panel have been removed from the BHA’s website.