Result of an appeal (Derek Smith) and enquiries (Milton Harris, David Carr, George Moore) heard by the Disciplinary Panel on Friday 30 May
The Disciplinary Panel of the British Horseracing Authority (BHA) on Friday 30 May 2014 considered an appeal lodged by Derek Smith, the rider of COSMIC, which was pulled-up in the Hunt Members’ Race at Cheshire Forest Point-to-Point on 6 April 2014, against the decision of the Cheshire Stewards to find him in breach of Appendix F of the Point-to-Point Regulations, concerning his use of the whip when riding COSMIC and to fine him £100.
The Panel considered written submissions from Mr Smith and Richard Edwards, the trainer of COSMIC.
The Panel noted that there was a factual dispute as to whether the gelding had been wealed. The Panel further noted that there had been a procedural flaw at the original enquiry in that the only witness of the weal had been a member of the Cheshire Forest Point-to-Point Stewards Panel that had found Mr Smith in breach of Appendix F of the Point-to-Point Regulations.
Therefore, the Panel upheld the appeal and quashed the £100 fine.
The Disciplinary Panel of the BHA held an enquiry on Friday 30 May 2014 into a report that CHANINBAR (FR), trained by Milton Harris, had been reluctant and eventually refused to race in both the Hunt Members’ Race and the Men’s Open Race at the North Cotswold Point-to-Point on 21 April 2014. The matter was referred to the BHA by the Cotswold Stewards following their enquiry of the same day.
Having considered the evidence, including a written statement from Harris, stating that the gelding would be retired, the Panel decided to exercise its powers under Regulation 1(v) of the Regulations for Point-to-Point Steeple Chases and place a restriction on the gelding being entered and run.
The Disciplinary Panel of the BHA on Friday 30 May 2014 held an enquiry to consider an objection to COOL STAR (IRE), owned by Mr David Carr, placed second in the NPPA Club Members’ Race at the Cumberland Farmers Point-to-Point on 12 April 2014, on the grounds that the gelding, having won at the Tynedale Point-to-Point on 3 March 2013, should have carried a 3lb penalty and therefore only carried 12st rather than 12st 3lbs as required by the conditions of the race. It also considered whether or not Mr Carr was in breach of Regulation 114(iii) of the Regulations for Point-to-Point Steeple Chases in respect of his failure, as the owner, to ensure that COOL STAR (IRE) carried the correct weight.
Having considered the evidence, the Panel found that COOL STAR (IRE) had won a Club Members race, after 8 June 2012 and should therefore have carried a 3lb penalty. It accepted an admission from Mr Carr that he was in breach of Regulation 114(iii) and imposed a fine of £150 upon him. Under Regulation 131(iv), the Panel disqualified COOL STAR (IRE) from the race, placing SHARIVARRY (FR) second and SAMMY SPIDERMAN third.
The Disciplinary Panel of the BHA held an enquiry on Friday 30 May 2014 into the analysis of the urine ordered to be taken from WOLF SWORD (IRE), trained by George Moore, by the Stewards at Haydock Park after the gelding had finished fourth in the Polyflor Expona Standard Open National Hunt race on 22 November 2013. The sample tested positive for a prohibited substance, in breach of Rule (C)53 of the Rules of Racing. The Panel also considered whether or not to take action under Rule (A)74 of the Rules of Racing in respect of the possible disqualification of WOLF SWORD (IRE).
The urine of the horse was found to contain theobromine above the permitted threshold level agreed by the International Federation of Horseracing Authorities, which is a prohibited substance. After considering the evidence, including a statement from Moore and the Managing Director of Dodson & Horrell Limited, the Panel was satisfied that the source of the substance was a batch of Racehorse Plus Cubes manufactured by Dodson & Horrell Limited which was being fed in the yard at the time.
The Panel accepted an admission from Moore that he was in breach of Rule (C)53. It was however satisfied that the prohibited substance was not administered intentionally and that the trainer had taken all reasonable precautions to avoid a breach of Rule (C)53 and accordingly waived the fine under that Rule. Under Rule (A)74, the Panel disqualified WOLF SWORD (IRE) from the race, placing KING OF STRINGS (IRE) fourth.
Notes to editors
1. The Panel for the hearings was: William Barlow(Chair), Philip Curl, Edward Dorrell
For more information contact:
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