Results of enquiries (Jack Duern, David Evans) heard by the Disciplinary Panel on Thursday 27 November
The Disciplinary Panel of the British Horseracing Authority (BHA) on Thursday 27 November 2014 held an enquiry to establish whether or not Jack Duern, the rider of LIGHTSCAMERACTION (IRE), placed second in the 20 Risk-Free Bet at Unibet Nursery Handicap at Wolverhampton on 31 October 2014, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip. The matter was referred to the BHA by the Southwell Stewards following an adjourned enquiry held at that racecourse on 18 November 2014, as this was Duern’s fifth offence of mis-use of the whip, warranting a suspension of between two to six days, in the last six months. The Panel also considered whether or not he committed a breach of Schedule (B)6 Part 2 when riding the winner WELL OWD MON in the Download the Coral App Handicap Stakes at Wolverhampton on 22 November 2014. The matter was referred to the BHA by the Wolverhampton Stewards as this was Duern’s fourth offence of mis-use of the whip, warranting a suspension of seven days or more, in the last six months.
The Panel heard submissions from Duern’s legal representative, and viewed recordings of the races.
The Panel accepted Duern’s admission that he was guilty of misuse of the whip in that he had used his whip above the permitted level at Wolverhampton on 31 October 2014. It considered that the breach would have warranted a suspension of four days. Also, it accepted Duern’s admission that he was guilty of misuse of the whip in that he had used his whip above the permitted level and without time to respond at Wolverhampton on 22 November 2014. It considered that the breach would have warranted a suspension of seven days.
Taking into account that Duern:
i) had committed five whip breaches warranting a suspension of between two to six days, (4 x 2 days and 1 x 4 days) since 5 May 2014 and had had 84 rides over this period; and
ii) had committed four whip breaches warranting a suspension of seven days or more, (3 x 7 days and 1 x 9 days) since 15 June 2014 and had had 74 rides over this period
the Panel suspended him from riding for five months, of which seven weeks will be deferred for three months. The suspension will run from Friday 5 December 2014 until 16 March 2015 inclusive. Should Duern commit any whip offence after 16 March 2015 and before 16 June 2015, the deferred part of his penalty will be added to the suspension given to him by the Stewards on the day. The Panel also ordered that Duern be referred for remedial training to the British Racing School.
The Panel noted that Duern had undertaken to attend the British Racing School and obtain an initial report as to his use of the whip, and with the help of the Professional Jockeys Association will then attend a number of face-to-face sessions with a Jockey Coach. The British Racing School will then provide an interim report, after which Duern is to return for further sessions with the Jockey Coach, and then a final report will be obtained from the British Racing School, on his use of the whip following this extensive remedial training. A copy of each report will be made available to BHA.
The Panel noted that Duern acknowledged the seriousness of the situation.
The Disciplinary Panel of the BHA held an enquiry on Thursday 27 November 2014 into a report that CARAMACK, trained by David Evans, had refused to race in theBetVictor.com Handicap Stakes at Kempton Park on 10 November 2014. The matter was referred to the BHA by the Kempton Park Stewards following their enquiry of the same day. This was the gelding’s first start since the Disciplinary Panel had directed on 23 October 2014 that if the gelding was reported for unruly behaviour in the next 12 months under the Rules of Racing the matter would be referred back to the BHA.
Having considered the evidence, including a statement from Evans that the gelding would be retired, the Panel declared that with immediate effect under Rule (F)66, no further entries would be accepted for CARAMACK for races run under the Rules of Racing.
Notes to Editors:
1. The Panel for the hearing was: Philip Curl (Chair), Diana Powles, Roger Bellamy.