Results of enquiries (D Allan, M Barber) heard by the Disciplinary Panel on Thursday 5 November
The Disciplinary Panel of the British Horseracing Authority (BHA) on Thursday 5 November 2015 held an enquiry to establish whether or not David Allan, the rider of YOUCOULDNTMAKEITUP (IRE), placed third, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip in The Jump Season next on December 2nd Handicap Stakes at Catterick Bridge on 27 October 2015. The matter was referred to the BHA head office by the Catterick Bridge Stewards following an enquiry on the same day because this was Allan’s fifth offence of mis-use of the whip, warranting a suspension of between two to six days, in the last six months.
The BHA’s case was presented by Lyn Williams. Allan, who had requested that the matter be heard in his absence, was represented by Rory Mac Neice, who gave submissions to the Panel. The Panel also viewed recordings of the race.
The Panel accepted Allan’s admission that he was guilty of misuse of the whip 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 Allan:
i) had committed five whip breaches (2 x 2 days & 3 x 4 days days), since 4 July 2015; and
ii) had had 292 rides over this period
the Panel suspended him from riding for 23 days, of which seven days will be deferred for two months until 1 February 2016. The suspension will run from Friday 13 November 2015 until Tuesday 1 December 2015 inclusive on days that Flat Racing is scheduled to take place.
In deciding on the length of suspension the Panel noted the number of rides and the time period over which the offences occurred. Also, that three of the five offences had warranted a suspension of four days.
1. The Disciplinary Panel of the BHA held an enquiry on Thursday 5 November 2015 to establish whether or not Mr Marc Barber had committed a breach of Rule (C)4 of the Rules of Racing in respect of his training PHILARMONIC HALL, JACK DU MOULIN and NO MORE WHISPERS (IRE) for persons other than those allowed under the conditions of his Permit to train. Also, whether or not Mr Barber had committed a breach of Rule (C)16 in that he failed to inform the Racing Calendar Office, within the time specified, that the horse SPIN THE BEAT was at his yard under his care.
2. The BHA’s case was presented by Danielle Sharkey. The Panel heard evidence from Mr Barber and noted that he had held a Permit to Train from 27 September 2012 until 25 April 2014 when his Permit was relinquished.
3. The Panel further noted that Mr Barber had admitted a breach of Rule (C)4 in relation to JACK DU MOULIN and NO MORE WHISPERS (IRE) and also admitted a breach of Rule (C)16 in relation to SPIN THE BEAT.
4. The Panel was satisfied that JACK DU MOULIN had been trained by Mr Barber from approximately 19 May 2013 to 28 February 2014, and NO MORE WHISPERS (IRE) had been trained by Mr Barber from approximately 5 August 2013 to 28 February 2014. The Panel agreed that there was sufficient evidence to prove that Mr Barber had been training the horses for a person who was not listed in the categories of persons listed in Rule (C)4.3. The individual was Mr John Harris. The Panel based its view on documentary evidence submitted from Mr Harris in support of his statement that Mr Barber had been training his horses which included invoices for veterinary treatment and training fees which had been paid to Mr Barber by Mr Harris.
5. A licence for a Permitted Trainer specifically excludes such a trainer to train horses when they are not free from leases and other joint arrangements and are not the sole property of one or more of the categories of Persons for which Permitted Trainers are allowed to train for, namely:
the holder of the permit;
his spouse or civil partner;
his parents or grandparents;
his sons or daughters;
his brothers or sisters;
a Person who appears to the Authority to be co-habiting with the holder of the permit by reason of a personal relationship; and
the executors or administrators for any of the above.
6. The Panel noted that Mr Barber had been previously advised which individuals he was allowed to train for both by the Licensing Department and also at a compulsory seminar that he attended prior to being granted his licence. The actions of Mr Barber in training JACK DU MOULIN and NO MORE WHISPERS (IRE) was seen as a fundamental breach of the terms of the licence for a Permitted Trainer.
7. The Panel disqualified Mr Barber for 18 months from Thursday 5 November 2015 to 4 May 2017 inclusive. The Panel did not place a period of further ineligibility to hold a Licence or Permit and decided it was not a matter for them to consider. The Licensing Committee were well within their rights to consider it as an option, at their discretion, upon any application received from Mr Barber at the expiration of his Disqualification.
8. In respect of PHILARMONIC HALL, the Panel accepted that the horse was free of leases and other joint arrangements whilst being trained by Mr Barber and therefore found him not in breach of Rule (C)4.
9. Mr Barber, as detailed previously, had already admitted a breach of Rule (C)16 in that he had failed to inform the Racing Calendar Office within the time specified of the arrival of SPIN THE BEAT in his yard. The Panel fined him £200.
Notes to editors:
1. The Panel for the enquiries was: William Barlow (Chair), Celina Carter, Ian Stark.