26 Feb 2015 Disciplinary Panel - Appeals against decisions on a Racecourse Disciplinary Panel - Other decisions

Jason Maguire & Ben Pauling

The Disciplinary Panel of the British Horseracing Authority (BHA) on Thursday 26 February 2015 considered appeals lodged by Jason Maguire, the rider of BORN TO SUCCEED (IRE), and Ben Pauling, the trainer of BORN TO SUCCEED (IRE), against the decision of the Ludlow Stewards on 18 February 2015 to find Maguire in breach of Rule (B)59.2 of the Rules of Racing and to suspend him from riding for 14 days, to find Pauling in breach of Rule (C)45.4 and fine him £3,000, and to suspend BORN TO SUCCEED (IRE) from running for 40 days, in that they were guilty of schooling/conditioning the gelding.

The Panel heard evidence from Maguire and Pauling who were legally represented and it also viewed recordings of the race.

The Panel noted that BORN TO SUCCEED (IRE) was dropped out towards the rear of the field for the first three flights, whilst pulling hard, before making gradual progress in the back straight. After jumping the sixth hurdle the gelding was asked for a response and improved its position to be in contention, with the eventual winner only two lengths or so ahead.

Shortly before crossing the road for the last time, the leading group began to quicken away, and Maguire administered one other reminder. The Panel did not accept Maguire’s evidence that the horse was too tired to be asked for any further effort.

Off the final bend and in the home straight over the last three hurdles, Maguire failed to be seen to ask BORN TO SUCCEED (IRE) for a real and substantial effort to achieve the best possible placing and failed to be seen to take all other reasonable and possible measures to ensure his mount was given a full opportunity to obtain the best possible placing.

The Panel noted that Pauling confirmed that Maguire had ridden in accordance with his instructions, and due to the gelding’s two previous runs, he was keen that BORN TO SUCCEED (IRE) should be allowed to get home in its race.

The Panel therefore found Maguire in breach of Rule (B)59.2 and Pauling in breach of Rule (C)45.4, in that they were guilty of schooling the gelding on the racecourse. It confirmed Maguire’s 14 day suspension on Wednesday 4 March to Tuesday 17 March 2015 inclusive. It also confirmed the £3,000 fine imposed on Pauling and the 40 day suspension of BORN TO SUCCEED (IRE) from Saturday 21 February to Wednesday 1 April 2015 inclusive.

 

Eve Johnson Houghton

The Disciplinary Panel of the BHA held an enquiry on Thursday 26 February 2015 into the analysis of the urine ordered to be taken from GORING (GER), trained by Miss Eve Johnson Houghton, by the Stewards at Wolverhampton after the colt had finished first in the 32Red Casino Median Auction Maiden Race on 31 October 2014. 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)74.2 of the Rules of Racing in respect of the possible disqualification of the colt.

The urine taken from GORING (GER) was found to contain phenylbutazone and oxyphenbutazone, which are prohibited substances on a raceday. The trainer exercised her right to have the ‘B’ sample analysed at LGC which confirmed the original finding. After considering the evidence, including a summary of the interviews of Miss Johnson Houghton, members of her staff and her Veterinary Surgeon, 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.

The Panel accepted an admission from Miss Johnson Houghton that she was in breach of Rule (C)53 and imposed a fine of £1,000. The Panel was not asked by the BHA to consider a contribution to the costs associated with the analysis of the ‘B’ sample.

Under Rule (A)74.2 the Panel disqualified GORING (GER) from the race placing UNNOTICED first, VIVRE LA REVE second, MARMOT third and RIALTO MAGIC fourth.

The Panel also informed Miss Johnson Houghton that all the horses in her care may be the subject of examination and the taking of samples for analysis provided for in Rule (A)49 within the next 12 months.

 

 Notes to editors:

1. The Panel for the hearings was: Philip Curl (Chair), Diana Powles, Edward Dorrell.

2. Rules (B)59.2 and (C)45.4 are written to protect the betting public, who have a right to expect that all horses are seen to have been given a timely, real and substantial effort and that the rider is seen to take all other reasonable and possible measures to achieve the best possible placing.