Results of enquiries (S Bowen, K Clutterbuck, Haydock Park, N Twiston-Davies) heard by the Disciplinary Panel on Thursday 6 November

06 Nov 2014 Disciplinary Panel - Referrals from Racecourse

Sean Bowen

The Disciplinary Panel of the British Horseracing Authority (BHA) on 6 November 2014 held an enquiry to establish whether or not Sean Bowen, the rider of the winner ULCK DU LIN, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip in the Byrne Group Handicap Chase at Ascot on 1 November 2014. The matter was referred to BHA by the Ascot Stewards following an enquiry on the same day because this was Bowen’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 Bowen’s legal representative, and viewed recordings of the race.

The Panel accepted Bowen’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 Bowen:
i) had committed five whip breaches (3 x 2 days and 2 x 4 days), since 6 June 2014; and
ii) had 99 rides over this period (six flat and 93 jump)
it suspended him from riding for 24 days, of which eight days will be deferred for two months until 29 January 2015. The suspension will run from Friday 14 November 2014 until Saturday 29 November 2014 inclusive.

In deciding on the length of suspension the Panel, in addition to the factors above, took into account that the last two previous offences were for using his whip in the incorrect place, the last offence being on 27 September 2014 that warranted a suspension of four days.

Kenneth Clutterbuck

On Thursday 6 November the Disciplinary Panel of BHA held an enquiry to consider the charges presented to Kenneth Clutterbuck. He had been charged with a breach of the Rules of Racing, as follows:

Is former licensed trainer Kenneth Clutterbuck in breach of Rule (A)30.3.1 in that he associated with Mr James Clutterbuck, a Disqualified Person in connection with Horseracing in Great Britain during the period when he was a Licensed Trainer?

It was BHA’s case that James Clutterbuck had been present on, and assisted at, the licensed yard of Kenneth Clutterbuck in a capacity connected to Horseracing whilst disqualified.

The Panel declared Clutterbuck ineligible for any licence or permit or registration under the Rules of Racing for five years commencing today.

Full written reasons for decision to follow.

Haydock Park Racecourse

The Disciplinary Panel of BHA on 6 November 2014 held an enquiry to consider whether or not Haydock Park Racecourse Company Ltd, the  Managing Executive of Haydock Park Racecourse, had committed breaches of Rule (F)15.2.3 of the Rules of Racing, in the light of BHA General Instruction 11.1 and 11.2, headed “Requirements for the Provision of Racecourse Medical Services” and “Responsibilities of Racecourse Medical Officers and Other Medical Staff”, in that at its medical inspection on 6 September 2014 the following deficiencies were identified:

BHAGI 11.1 (paras 3 & 4) – the Nurse on duty:
i) was not registered with the Medical Department; and
ii) was not familiar with all the equipment and supplies in the Jockeys Medical Room (JMR);

BHAGI 11.1 (para 8(b)) – the equipment and supplies in Ambulance 1 failed to include all the requisite items listed at Annex A to BHAGI 11.2; and

BHAGI 11.2 (para 15) – the ambulance crew in Ambulance 2 failed to keep the engine of their vehicle running and failed to remain with their vehicle during racing.

The Panel noted that the Managing Executive had taken immediate positive steps to address all the deficiencies prior to its next meeting held on 26 September 2014.

Having considered the evidence, including a written submission on behalf of the Managing Executive, the Panel accepted an admission that it was in breach of Rule (F)15.2.3.

The Panel fined the Executive £5,000.

Nigel Twiston-Davies

The Disciplinary Panel of BHA held an enquiry on 6 November 2014 to consider an application from Nigel Twiston-Davies, the trainer of MAD MOOSE (IRE), to lift the restriction under Rule (F)66 that no further entries would be accepted for the gelding to be entered or run in races under the Rules of Racing placed by the Disciplinary Panel on 9 January 2014.

The Panel noted that after a break at grass MAD MOOSE (IRE) had been sent to Nicky Tickler in Yorkshire where the gelding’s back had been treated. The gelding had subsequently returned to Twiston-Davies and been in work since June and had shown no sign of planting itself and had also been hunting.

Having considered the evidence, including a written statement from Twiston-Davies, the Panel decided to lift the restriction imposed under Rule (F)66. However, the Panel directed that if MAD MOOSE (IRE) refuses or is reluctant to start in the next six months under the Rules of Racing the matter should be referred back to the BHA.


Notes to Editors
1. The Panel for the enquiries was: Philip Curl (Chair), Didi Powles, Ian Stark.

2. Sean Bowen is currently under guidance from a BHA Jockey Coach.