15 Sep 2016 Disciplinary Panel - Other decisions

Gay Kelleway

1. The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 15 September 2016 to consider whether or not Miss Gay Kelleway, a licensed trainer, had committed a breach of Rule (C)19 of the Rules of Racing, in respect of her late notification to the Racing Calendar Office that LORD OF THE NORTH (IRE) had run in a race outside Great Britain and Ireland.

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

3. Miss Robinson informed the Panel that the Rules of Racing required trainers to notify the Racing Calendar Office of the details of a horse’s performance on each occasion that it ran outside Great Britain and Ireland, and such notification had to be made no later than 48 hours after the horse returned to Great Britain, or if sooner, before the horse next ran in a race in Great Britain. LORD OF THE NORTH (IRE) had run at Clairefontaine in France on 12 August 2016 where it finished third. The gelding had been entered into a maiden race at Newmarket on 26 August 2016 but no notification of foreign performance form had been received at Weatherbys at the time of entry or declaration. The form was not received until 25 August 2016. The Panel noted that it was Miss Kelleway’s second offence.

4. Having considered the evidence, the Panel found Miss Kelleway in breach of Rule (C)19 and fined her £300.

Richard Fahey

1. The Disciplinary Panel of the BHA held an enquiry on 15 September 2016 to consider whether or not Richard Fahey, a licensed trainer, had committed a breach of Rule (C)31.4 of the Rules of Racing, in respect of the skin scrapings taken from GABRIAL THE DUKE (IRE) and HIDDEN TREASURES at Haydock on 4 August 2016 subsequently being reported by the Animal Health Trust as positive for ringworm.

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

3. Miss Robinson informed the Panel that the skin scrapings had been ordered to be taken from GABRIAL THE DUKE (IRE) and HIDDEN TREASURES by the Stewards at Haydock was because Mr Fahey’s representative had failed to produce Certificates of Non-Contagiousness from Mr Fahey’s Veterinary Surgeon on the day. Mr Fahey had been found in breach of Rule (C)31.1 on the day and fined £280, this being his second offence in 12 months. In any case where a Veterinary Officer raises concerns over a skin condition scrapings will be taken and sent for analysis.

4. The Panel noted a written statement from Mr Fahey that stated that GABRIAL THE DUKE (IRE) had started treatment for ringworm on 23 June 2016 and was treated every four days with Imaverol up to the time of the race on 4 August 2016. HIDDEN TREASURES started treatment on 7 July 2016 and received the same treatment as GABRIAL THE DUKE (IRE). When they left the yard for Haydock, Mr Fahey had felt that the ringworm was dead, however, this subsequently proved to be incorrect. In light of these positives Mr Fahey had undertaken a major review on the treatment of ringworm at his yard and had not had any new cases since. The Panel also noted that Mr Fahey had stated that it was nearly impossible for the yard to test if the treatment for ringworm was working as it took two weeks to culture and he was heavily reliant on the treatment that was recommended by the BHA.

5. Having considered the evidence, the Panel found Mr Fahey to be in breach of Rule (C)31.4 and imposed a fine of £1,000 upon him.

Notes to Editors:

1. The Panel for the enquiries was: Lucinda Cavendish (Chair), Diana Powles, Edward Dorrell