Results of enquiries (Kirby, Byrne & Mulholland, Pears) heard by the Disciplinary Panel on Thursday 7 August
The Disciplinary Panel of the British Horseracing Authority (BHA) on Thursday 7 August 2014 held an enquiry to establish whether or not Adam Kirby, the rider of the winner ES QUE LOVE (IRE), had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip when riding in the bet 365 Lennox Stakes at Goodwood on 29 July 2014. The matter was referred to the BHA by the Goodwood Stewards following an enquiry on the same day because this was Kirby’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 heard submissions from Kirby’s legally representative, and viewed video recordings of the race.
The Panel accepted Kirby’s admission that he was guilty of misuse of the whip in that he had used his whip in the incorrect place. It considered that the breach would have warranted a suspension of four days.
Taking into account that Kirby:
i) had committed five whip breaches (3 x 2 days and 2 x 4 days), since 27 February 2014; and
ii) had had 522 rides over this period
it suspended him from riding for 19 days, of which six days will be deferred for six weeks until Wednesday 8 October 2014. The suspension will run from Friday 15 August 2014 until Wednesday 27 August 2014 inclusive.
In deciding on the length of suspension the Panel considered the number of rides and the period of time during which the suspensions had occurred. It also took into account that Kirby had previously been referred to the Panel for mis-use of the whip within the previous 12 months.
Byrne and Mulholland
The Disciplinary Panel of the BHA on Thursday 7 August 2014 held an enquiry to consider whether or not Michael Byrne, a licensed jockey, had committed a breach of Rule (B)59.2 of the Rules of Racing, and whether or not Neil Mulholland, a licensed trainer, had committed a breach of Rule (C)45, concerning the running and riding of BARTON ANTIX in the 32 Red Casino Novices’ Hurdle Race at Uttoxeter on 16 July 2014. The matter was referred by the Uttoxeter Stewards following an enquiry on the same day.
The Panel considered evidence from Byrne and Mulholland, who were legally represented. It also viewed recordings of the race.
The Panel found that no breach of the Rules of Racing had occurred.
The Disciplinary Panel of the BHA held an enquiry on Thursday 7 August 2014 into a report that DEFENCE COUNCIL (IRE), trained by Ollie Pears, had refused to race in the Yorkshire-outdoors.co.uk Selling Stakes at Catterick Bridge on 16 July 2014. The matter was referred to the BHA by the Catterick Stewards following their enquiry of the same day. This was the gelding’s first start since the Disciplinary Panel had directed on 25 April 2014 that if the gelding refused or was reluctant to start in any of its next three races under the Rules of Racing the matter would be referred back to the BHA.
Having considered the evidence, including correspondence from Pears stating that the gelding had been rehomed as a riding horse, the Panel declared that with immediate effect under Rule (F)66, no further entries would be accepted for DEFENCE COUNCIL (IRE) for races run under the Rules of Racing.
Notes to editors:
1. The Panel for the enquiries was: William Barlow (Chair), Roger Bellamy, Ian Stark.