Results of enquiries (Candlish, Barry) heard by the Disciplinary Panel on Thursday 24 July
The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on Thursday 24 July 2014 into the analysis of the urine ordered to be taken from WINTERED WELL (IRE), trained by Ms Jennie Candlish, by the Stewards at Uttoxeter after the gelding had finished first in the Betfred Supports Jack Berry House Handicap Hurdle on 29 March 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 gelding.
The urine taken from WINTERED WELL (IRE) was found to contain caffeine, which is a prohibited substance. The trainer exercised her right to have the ‘B’ sample analysed at LGC which confirmed the original finding. After considering the evidence, including a statement from Ms Candlish, 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.
The Panel accepted an admission from Ms Candlish that she was in breach of Rule (C)53 and imposed a fine of £800. It 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 WINTERED WELL (IRE) from the race, placing JAJA DE JAU first, SAMBULANDO (FR) second, UN BLEU A L’AAM (FR) third and GHAABESH (IRE) fourth.
The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on Thursday 24 July 2014 to consider whether or not Paul Barry had committed a breach of Rule (A)30 of the Rules of Racing by virtue of the fact that he acted in a manner which was prejudicial to the good reputation of horseracing in Great Britain.
Before considering the charges against Mr Barry the Panel heard representation from the BHA as to why Mr Barry was not in attendance and why the BHA considered the enquiry should be conducted in his absence. Having received such representation, the Panel was satisfied:
- that all possible attempts had been made to contact Mr Barry and deliver the papers to a number of addresses where he allegedly resided.
Accordingly, the Panel agreed to proceed with the enquiry in Mr Barry’s absence.
- The Panel noted that Mr Barry was the registered owner of TOUGHNESS DANON that ran in the 5.30pm 32Red Handicap Stakes at Wolverhampton on 25 November 2013. Mr Barry had attended the racecourse to watch this race and following its conclusion had starting drinking in the hotel bar of the Holiday Inn Garden Court which forms part of Wolverhampton racecourse.
- The BHA had relied on the police witness statements of Mr Stuart Robertson, the duty manager at the Holiday Inn, and Ms Natalie Foster, a hotel receptionist at the Holiday Inn to support its case. It was the BHA’s understanding that Mr Barry had had a significant number of drinks at the hotel bar and had been told that he would be refused the right to purchase any further drinks. Mr Barry had then attempted to leave the racecourse by car. The reception staff had called the police and informed them of Mr Barry’s car registration plate. Shortly after, Mr Barry had re-entered the hotel and had become abusive with the hotel staff. The hotel staff had refused to serve him any further alcoholic drinks and at this stage, Mr Barry had exhibited threatening and violent behaviour. Mr Barry had then thrown an ice bucket at Mr Robertson and a Perspex leaflet holder which struck Ms Foster in the face causing injury.
- Mr Barry had then left the hotel where he had encountered a Police Officer. Mr Barry had assaulted the Officer and had to be restrained by CS gas. Mr Barry had been arrested and taken to the local police station. At the police station, he had refused to provide samples of breath and blood. Mr Barry had then been charged with offences under section 39 of the Criminal Justice Act 1988, section 7(6) of the Road Traffic Act and Schedule 2 to the Road Traffic Offenders Act 1988. On 17 February 2014, Mr Barry had pleaded guilty to all of the charges.
- On 25 February 2014 at Wolverhampton Magistrates Court, Mr Barry had been ordered to carry out 200 hours of Community Service, whilst undergoing a 12-month supervision order and a 20-month driving ban. He was also ordered to pay £150 of costs to the Crown Prosecution Service, £150 compensation and a £60 victim surcharge. Wolverhampton racecourse had banned him indefinitely from entering the racecourse premises. The incident had attracted negative coverage in the regional newspaper, the Express & Star. This adverse publicity was prejudicial to the good reputation of horseracing in Great Britain.
- As a registered owner under the definition in Rule (E)96, Mr Barry had agreed to comply with the Rules.
- The Disciplinary Panel found Mr Barry to be in breach of Rule (A)30 and declared him to be a disqualified person for a period of 30 months from Friday 25 July 2014 until 24 January 2017 inclusive.
Notes to editors:
1. The Panel for the enquiries was: Hopper Cavendish (Chair), Philip Curl, Edward Dorrell