17 Jul 2014

Joe Doyle

The Disciplinary Panel of the British Horseracing Authority (BHA) on Thursday 17 July 2014 held an enquiry to establish whether or not Joe Doyle, an apprentice jockey, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip when riding TENOR (IRE), the winner, in the BetBright – Live The Moment Handicap Stakes at Kempton Park on 2 July 2014. The matter was referred to the BHA because this was Doyle’s fifth offence of mis-use of the whip in the last six months, warranting a suspension of between two to six days.

The Panel heard submissions from Doyle’s legal representative and viewed recordings of the race.

The Panel accepted an admission from Doyle that he was in breach of Schedule (B)6 Part 2 in that he had used his whip above the permitted level. It considered that the breach would have warranted a suspension of two days.

Taking into account that Doyle:
i) had committed five whip breaches (3 x 2 days and 2 x 4 days), since 17 January 2014; and
ii) had had 83 rides over this period
the Panel suspended him from riding for 21 days, of which seven days will be deferred for six weeks until 18 September 2014. The suspension will run on Friday 25 July until Thursday 7 August 2014 inclusive.

Wilson Renwick

The Disciplinary Panel of the BHA on Thursday 17 July 2014 held an enquiry to establish whether or not Wilson Renwick had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip when riding MR BURGEES (IRE), placed second, in the Watch All Scottish Racing On Racing UK Standard Open National Hunt Flat Race at Perth on 3 July 2014. The matter was referred to the BHA because this was Renwick’s fifth offence of mis-use of the whip in the last six months, warranting a suspension of between two to six days.

The Panel heard submissions from Renwick’s legal representative and viewed recordings of the race.

The Panel accepted an admission from Renwick that he was in breach of Schedule (B)6 Part 2 in that he had used his whip above the permitted level. It considered that the breach would have warranted a suspension of four days.

Taking into account that Renwick:
i) had committed five whip breaches (3 x 2 days and 2 x 4 days), since 7 April 2014; and
ii) had had 108 rides over this period
the Panel suspended him from riding for 21 days, of which seven days will be deferred for two months until 22 October 2014. The suspension will run on Friday 25 July until 22 August 2014 inclusive on days on which jump racing is scheduled to take place.
Ripon Racecourse

The Disciplinary Panel of the BHA on Thursday 17 July 2014 held an enquiry to consider whether or not the Ripon Race Company Limited, the Managing Executive of Ripon Racecourse, had committed a breach of Rule (F)15.3.4 of the Rules of Racing, in that by failing to identify prior to the running of the fifth race on 4 June 2014 that the ground staff in treading in following a previous race had left a piece of equipment on the course, the Executive failed to carry out its responsibility to ensure that the course is maintained in good condition.

The Panel noted that the fork had been left on the edge of the track on the wrong side of the rail, which whilst too close to the racing line, was not on the racing line itself.

Having considered the evidence, the Panel accepted a written admission from the Executive that it was in breach of Rule (F)15.3.4.

Taking into account the steps that the Executive had subsequently implemented to avoid any repetition, the Panel fined the Executive £1,500

Milton Bradley

The Disciplinary Panel of the BHA on Thursday 17 July 2014 held an enquiry to establish whether or not Milton Bradley, a licensed trainer, had committed a breach of Rule (C)12 of the Rules of Racing concerning his failure to check the identity of ZAND MAN from the markings shown in the gelding’s passport as soon as it came into his care. The matter was reported to the BHA by the Veterinary Officer on duty at Salisbury on 15 May 2014 following his inability to be able to identify the gelding presented to him as ZAND MAN from its markings, which also resulted in the gelding being prevented from running.

The Panel accepted an admission from Bradley that he was in breach of Rule (C)12 in that when he collected ZAND MAN from the owner/breeder’s premises he had been presented with a horse which he was told by the owner/breeder, Mr D Smith, was ZAND MAN and thereafter failed to carry out any further check of the gelding’s identity. It transpired that the during the winter of 2013/14 the identities of the 2010 ex SHELLATANA and the 2011 ex SIANARA (IRE) (later named ZAND MAN) had become mixed up at the owner/breeder ’s premises and the gelding that was put into training incorrectly identified to Bradley as being the 2011 ex SIANARA (IRE).

The Panel imposed a fine of £850 upon him.

 

John Reddington

The Disciplinary Panel of the BHA on Thursday 17 July 2014 held an enquiry to consider an objection to AGENT JAMES (IRE), owned by Mr John Reddington, the winner of the Kimblewick Hunt Members, Subscribers & Farmers Race at the Kimblewick Hunt Point-to-Point on 10 May 2014, on the grounds that the gelding, having won at Navan on 13 January 2013, should have carried a 7lb penalty and therefore only carried 12st rather than 12st 7lbs as required by the conditions of the race. It also considered whether or not Mr Reddington 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 AGENT JAMES (IRE) carried the correct weight.

Having considered the evidence, the Panel found that AGENT JAMES (IRE) had won a race run under the Rules of a recognised Racing Authority since 23 November 2012, and should therefore have carried a 7lb penalty. It accepted an admission from Mr Reddington that he was in breach of Regulation 114(iii) and imposed a fine of £150 upon him. Under Regulation 131(iv), the Panel disqualified AGENT JAMES (IRE) from the race, placing TEMPELPIRATE (GER) first, VIEL GLUCK (IRE) second and ALFWILLDO third.

Charlie Appleby

The Disciplinary Panel of the BHA on Thursday 17 July 2014 held an enquiry to establish whether or not Charlie Appleby, a licensed trainer, had committed a breach of Rule (A)39 of the Rules of Racing in respect of PINZOLO and SUDDEN WONDER (IRE), both trained by him, carrying the owner’s sponsorship logo in the Investec Derby at Epsom on 7 June 2014 in contravention of Investec’s Exclusivity Arrangement in place for specified races of the Derby Meeting requiring that no owners or jockeys sponsorship was to be carried by any runner in the Investec Derby.

The Panel noted that the riders of both colts carried the owners ‘Fly Emirates’ sponsorship on their silks in the race. The unacceptability of the sponsorship was pointed out to Appleby’s representative pre-race and the offending ‘Fly Emirates’ taped over to ensure compliance, however, the tape was subsequently removed and the colts ran with their jockeys carrying the offending sponsorship.

The Panel considered written submissions from Appleby who stated that the colts had been sent to the meeting with the wrong silks and when this had been pointed out to his representative the logo had been covered by tape. However, the two jockeys made entirely the incorrect decision to remove the tape based on the appearance of their silks without giving any consideration to the overriding requirements of the sponsor. It was only after the race that Appleby and his representative had been made aware of the problem.

The Panel accepted an admission from Appleby that he was in breach of Rule (A)39 and noted that he had wholeheartedly apologised for the error. The Panel imposed a £2,000 fine upon him.

 

Lucy Lockwood

The Disciplinary Panel of the BHA on 17 July 2014 held an enquiry to consider an objection to GOLANZINE (IRE), owned by Miss Lucy Lockwood, the winner of the 4, 5, 6 & 7 Year Olds Open Maiden Race at the North Ledbury Hunt Point-to-Point on 5 May 2014, on the grounds that the gelding was not in possession of a valid Hunters’ Certificate and was therefore not qualified to be entered or run in the race.

Miss Lockwood attended the enquiry but asked that the Panel allow Mr Mark Wilesmith, the keeper and trainer of GOLANZINE (IRE) to represent her, as he was more aware of the circumstances under which the gelding had been brought over from Ireland and more capable of addressing the Panel. Miss Lockwood confirmed to the Panel that she was aware that the enquiry was into her own possible breach of the Regulations and asked the Panel to accept anything that Mr Wilesmith said as her formal response to the allegations against her. The Panel acceded to her request.

As a result of the hearing on the 17 July 2014 the Panel wished for further information and clarification on certain matters from both the BHA and from Miss Lockwood/Mr Wilesmith. Both have helpfully responded promptly to the direction, and the Panel has considered not only the original information before it, but also the additional information supplied by BHA and Miss Lockwood/Mr Wilesmith.

BHA’s case is that to be eligible to run in the race, GOLANZINE (IRE) must have been hunted during the current Point-to-Point season with a recognised Hunt, and have a Hunter Certificate signed and issued by the Master and signed by the owner, in accordance with Regulation 32 (iii) of the BHA Regulations for Point-to-Point Steeplechases for the Season 2013/2014.

The Hunter Certificate relied upon by Miss Lockwood is signed by her on the 25 April 2014. It is also signed by the Nominated Master, Helen Smith, who certifies “…. that this horse has been satisfactorily qualified during the current season with the Ledbury Hunt.”

In fact, it is common ground that GOLANZINE (IRE) had never hunted with the Ledbury (or North Ledbury) Hunt, and between the 5 October 2013 and 6 April 2014, the gelding had been throughout in Northern Ireland, and had in fact run in nine Point-to-Point races in Ireland during this time.

BHA’s case is that as the gelding had never hunted with the Ledbury, and had only hunted in Northern Ireland, which is not recognised hunting within the Point-to-Point Regulations, therefore the gelding had not validly qualified with a Hunter Certificate with the Ledbury Hunt.

Miss Lockwood/Mr Wilesmith contend that the Hunter Certificate for GOLANZINE (IRE) is a valid certificate, and that the gelding was therefore eligible to run in the race in question.

They say, firstly, that it was common knowledge that GOLANZINE (IRE) had never hunted with the Ledbury, but that the Master’s declaration on the certificate only required the gelding to have been “satisfactorily qualified during the current season with the Ledbury”, as opposed to hunted.

They contend that GOLANZINE (IRE) qualified with the East Antrim Hunt in 2013/2014, and also hunted with the County Down Staghounds on 1 January 2014, and this, together with the fact that the Nominated Master has signed the Declaration that the gelding has been satisfactorily qualified for the Ledbury and that Mr Roger Warner (MFH) has stated that this was not done in error, establishes that the certificate is valid.

The Panel consider that Regulation 32 (iii) clearly and expressly states that the horse must have been “hunted” with a recognised Hunt. The Regulation then continues that the Hunter Certificate must be signed and issued by the Master,  which the Panel considers means the Master of the Hunt with which the horse has been hunted.

The purpose of the Regulation and the Hunter Certificate is to provide a system whereby a specific Hunt is responsible for ensuring that a horse is eligible for Point-to-Points. This system is of little or no value in the regulation of eligibility for Point-to-Points, if, for example, one Hunt can validly sign a Hunter Certificate on the say so of the owner who says the horse has been hunted with another Hunt.

The Panel considers that the wording on the Hunter Certificate must be read in the light of the express wording of Regulation 32 (iii). It concludes that the express words of the said Regulation, and common sense, dictates that the Hunter Certificate has to be signed by the Master of the Hunt with which the horse has hunted.

The Panel considers it unfortunate that the Master’s Declaration refers to “….satisfactorily qualified” as opposed to “hunted” as this can give rise to unnecessary uncertainty. The Panel can in the circumstances see no good reason for giving different interpretation to the two terms.

In addition, the Panel is satisfied on the information provided by the BHA that the East Antrim Hunt and the County Down Staghounds are not recognised Hunts within the meaning of the Point-to-Point Regulations, being affiliated to the Northern Ireland Master of Hounds Association, and their races are run under the Rules and Regulations of the Irish National Hunt Steeplechase Committee.

Therefore the Disciplinary Panel concludes that the Hunter Certificate for GOLANZINE (IRE) was not a valid certificate for the race in question.

The Panel found Miss Lockwood was in breach of Regulation 32(iii) and imposed a fine of £250 upon her. Under Regulation 131(iv), the Panel disqualified GOLANZINE (IRE) from the race, placing HASTEN WELL (IRE) first, BALLYCANAL (IRE) second and LIGHTENING GLANCE third.

The BHA has never contended that Miss Lockwood or Mr Wilesmith were acting dishonestly, and the Panel wish to make clear that the decision in no way suggests dishonesty by either of them, nor any member of the Ledbury Hunt.

 

Bradley Gibbs

The Disciplinary Panel of the BHA on Thursday 17 July 2014 considered an appeal lodged by Bradley Gibbs, the rider of DHOBE, in the Confined Hunts Race on 17 May 2014, against the decision of the Stewards at the Gelligaer Farmers Hunt Point-to-Point to find him in breach of Appendix F of the BHA Regulations for Point-to-Point Steeple Chases in that he had used his whip with excessive frequency and to fine him £100.

The Panel upheld Mr Gibbs’ appeal and quashed the £100 fine imposed

 

Notes to editors:

1. The Panel for the enquiries was: Philip Curl (Chair), Jeremy Barlow, Edward Dorrell

2. The enquiry relating to an objection to GOLANZINE (IRE), owned by Miss Lucy Lockwood, the winner of the 4, 5, 6 & 7 Year Olds Open Maiden Race at the North Ledbury Hunt Point-to-Point on 5 May 2014, on the grounds that the gelding was not in possession of a valid Hunters’ Certificate and was therefore not qualified to be entered or run in the race, was deferred pending further evidence.