Results of enquiries (S De Sousa, R Hughes, R Hannon) and an appeal (A Amaryllis Goschen) heard by the Disciplinary Panel on Thursday 23 June

23 Jun 2016

Silvestre De Sousa

1. The Disciplinary Panel of the British Horseracing Authority (BHA) on 23 June 2016 held an enquiry to establish whether or not Silvestre de Sousa, the rider of SWISS CROSS, placed fourth, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip in the Cantering Cuisine Handicap Stakes at Lingfield Park on 16 June 2016. The matter was referred to the BHA Head Office by the Lingfield Park Stewards following an enquiry on the same day because this was Mr de Sousa’s fifth offence of mis-use of the whip, warranting a suspension of between 2 to 6 days, in the last 6 months.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting.

3. The BHA’s case was presented by Lyn Williams and Mr de Sousa was represented by Rory Mac Neice. The Panel also viewed recordings of the race.

4. The Panel accepted Mr de Sousa’s admission that he was guilty of misuse of the whip in that he had used his whip without giving the gelding time to respond. It considered that the breach would have warranted a suspension of 2 days.

5. Taking into account that Mr de Sousa:
i) had committed 5 whip breaches (4 x 2 days & 1 x 4 days), since 16 March 2016; and
ii) had had 362 rides over this period
the Panel suspended him from riding for 18 days, of which 6 days will be deferred for 42 days until Wednesday 24 August 2016. The suspension will run from Friday 1 July 2016 until Wednesday 13 July 2016 inclusive, on days when flat racing is scheduled to take place.

6. In deciding on the length of suspension, the Panel noted that Mr de Sousa had well above the average number of rides in the period. However, the fifth offence of mis-use of the whip that triggered this enquiry, had occurred within a 3 month period.

In Absence – Richard Hughes

1. The Disciplinary Panel of the British Horseracing Authority on 23 June 2016 held an enquiry to establish whether or not Richard Hughes, a licensed trainer, had committed a breach of Rule (C)12 of the Rules of Racing concerning his failure to check the identity of DEBONAIRE DAVID from the markings shown in the colt’s passport as soon as it came into his care. The matter was reported to the Authority by the Veterinary Officer on duty at Bath on 11 May 2016 who identified a number of significant discrepancies between the colt and the markings in its passport. However, the microchip number did match that of the one recorded in the passport and therefore the Veterinary Officer was satisfied that it was the correct horse and it was not prevented from running.

2. Prior to the enquiry, Mr Hughes and the BHA had agreed that they had no objection to the Panel members sitting.

3. The Panel noted that Mr Hughes had stated that a set of procedures for checking microchips and markings for each individual horse on arrival to his stables was in place, however, it seemed that the passport for DEBONAIRE DAVID must have slipped through the net. He also stated that all the horses at his stables have had their markings and microchips rechecked and the arrival checks procedure had also be tightened to avoid this situation in the future.

4. Having considered the evidence, the Panel found Mr Hughes in breach of Rule (C)12 and fined him £300.

In Absence – Richard Hannon

1. The Disciplinary Panel of the British Horseracing Authority on 23 June 2016 considered the ongoing record of breaches committed since 1 January 2016 by Richard Hannon, a licensed trainer, in respect of his failure to ensure that the correct sponsorship was carried by horses or worn by employees on the racecourse.

2. Prior to the enquiry, Mr Hannon and the BHA had agreed that they had no objection to the Panel members sitting.

3. Mr Hannon had received three previous letters warning him that failure to comply with the sponsorship guidelines constituted a breach of the Rules of Racing. Under Rule (A)39 the Panel fined him £150.

Miss Amaryllis Goschen

1. The Disciplinary Panel of the British Horseracing Authority (BHA) on 23 June 2016 held an enquiry to consider an appeal by Miss Amaryllis Goschen, the rider of SEENIGORA, against the Stewards’ decision not to amend the placings following her objection to the result of the Restricted Race at the Tredegar Farmers Hunt Point-to-Point at Lower Machen on 8 May 2016.

2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting.

3. The BHA’s case was presented by Lyn Williams and the appeal was presented by Miss Goschen. Bradley Gibbs, the rider of FROSTY HEIGHTS (IRE) was also in attendance. The Panel also viewed videos of the race.

4. The Panel noted that approaching the gap in the fence on the final circuit, the video suggested there was room for 3 horses, with Miss Goschen on the inside of Mr Gibbs and Mr R Pallas, the rider of IFYOUTHINKSO. However, on leaving the bend the horses raced left handed and Miss Goschen became tight for room and collided with the rail causing her horse to become unbalanced. The Panel found that this interference was accidental.

5. The Panel dismissed the appeal and confirmed the original placings. The Panel noted that the video had not been available on the day and that at the enquiry the riders had both been interviewed separately and therefore directed that the deposit be returned.

Notes to Editors:

1. The Panel for the hearings was: Lucinda Cavendish (Chair), Jeremy Barlow, Roger Bellamy