01 Oct 2015 Disciplinary Panel - Referrals from Racecourse

David Nolan

The Disciplinary Panel of the British Horseracing Authority (BHA) on Thursday 1 October 2015 held an enquiry to establish whether or not David Nolan, the rider of FULLON CLARETS, placed second, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip in the Royal Scots Handicap Stakes at Musselburgh on 27 September 2015. The matter was referred to the BHA by the Musselburgh Stewards following an enquiry on the same day because this was Nolan’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. Nolan was represented by Rory Mac Neice, who gave submissions to the Panel. The Panel also viewed recordings of the race.

The Panel accepted Nolan’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 Nolan:

i) had committed 5 whip breaches (2 x 2 days, 2 x 4 days & 1 x 6 days), since 18 April 2015; and

ii) had had 265 rides over this period

it suspended him from riding for 23 days, of which seven days will be deferred for two months until 24 December 2015. The suspension will run from Friday 9 October 2015 until 24 October 2015 inclusive.

In deciding on the length of suspension the Panel noted the number of rides over the period of time since the first offence were a mitigating feature, however, the nature of the offences were an aggravating feature.

 

Bath racecourse

The Disciplinary Panel of the BHA on Thursday 1 October 2015 held an enquiry to consider whether or not Arena Racing Company, in its capacity as the Managing Executive of Bath Racecourse, had committed a breach of Rule (F)15.2.3 of the Rules of Racing, in the light of BHA General Instruction 12.1 paragraph 8c, headed “Racecourse Veterinary and Sampling Unit Personnel – Requirements and Duties/Standing Orders”, in that at its meeting held on 31 July 2015, the Clerk of the Course had failed to advise the Stewards that the two Veterinary Surgeons were not in attendance 30 minutes before the scheduled time of the first race.

The Panel heard submissions from Lyn Williams, BHA Case Manager and Katie Stephens, Clerk of the Course. Jim Allen, Racing Director, Arena Racing Company, was also in attendance.

The Panel noted that although fully aware that both veterinary surgeons (including the Senior Veterinary Surgeon) who were scheduled to attend the meeting on 31 July 2015 were not in attendance, the Clerk of the Course had failed to advise the Stewards of their absence until the horses were leaving the parade ring for the first race. The failure to advise the Stewards resulted in the horses for the first race going down and having to be held for six minutes at the start whilst awaiting the arrival and proper deployment of the veterinary surgeons.

The Panel also noted the submissions from Mrs Stephens that on the day a multi-vehicle incident had blocked the M4 motorway which was one of the main access roads to the racecourse and this had caused a number of officials including the veterinary team, stalls handlers and Clerk of the Scales to be delayed. This had meant that the Clerk of the Course was under unusual pressure to coordinate multiple resources to ensure that off times would not be affected and in doing so, omitted to notify the Stewards of the anticipated late arrival of the veterinary resources. The Panel further noted that in view of the incident new procedures had been introduced.

Having considered the evidence the Panel accepted an admission that it was in breach of Rule (F)15.2.3 and fined the Executive £3,500.

 

Sandown Park racecourse

The Disciplinary Panel of the BHA on Thursday 1 October 2015 held an enquiry to consider whether or not Jockey Club Racecourses, in its capacity as the Managing Executive of Sandown Park Racecourse, had committed a breach of Rule (F)15.2.3 of the Rules of Racing, in the light of BHA General Instruction 10.1 paragraph 16, headed “Starting Arrangements, Farriers and Advance Flag Operators (AFOs)”, in that for the third race on 22 August 2015 there was no farrier in attendance at the start.

The Panel heard submissions from Lyn Williams, BHA Case Manager. It also considered a written submission from Andrew Cooper, the Clerk of the Course, on behalf of the Executive.

The Panel noted that the BHAGI requires, wherever possible, a farrier to be at the start of any terrestrially televised race. At Sandown on 22 August 2015 for no apparent reason, the farrier was not in attendance. In particular the BHA highlighted that there was the withdrawal of one of the runners at the start, MARSHGATE LANE (USA), after it lost a shoe on the way to the start and was unable to be re-plated because of the absence of a farrier.

Having considered the evidence the Panel accepted an admission that it was in breach of Rule (F)15.2.3 and fined the Executive £3,500.

 

Mark Thompson

The Disciplinary Panel of the BHA held an enquiry on Thursday 1 October 2015 into the analysis of the blood sample ordered to be taken from NELLY LA RUE (IRE), owned by Mr Mark Thompson, the winner of the Sabaru Restricted Race, by the Stewards at the Fife Point-to-Point held at Balcormo Mains on 25 April 2015. The Panel also considered whether or not to take action under Regulation 150(ii) of the Regulations for Point-to-Point Steeple Chases in respect of the possible disqualification of the mare.

The blood taken from the mare was found to contain phenylbutazone and oxyphenbutazone, which are prohibited substances on a raceday. The owner did not exercise his right to have the ‘B’ sample analysed. The Panel noted that during interview Mr Thompson stated that he and his wife fed his horses in the morning and as they work all day, lunch time feeds were prepared and left outside the individual horse boxes in covered buckets. The feeds were given at lunchtime by family or trusted friends, however, he was unable to ascertain who fed the horses on the days leading up to the race.  Mr Thompson also explained that the feed buckets were washed out “whenever they get the chance”. The Panel also noted that the horse stabled next to NELLY LA RUE (IRE) was being administered Equipalazone, a licensed product containing phenylbutazone, at the time of the race.

After considering the evidence, including a statement from Mr Thompson, the Panel was unable to establish the source of the substance, and could not therefore be satisfied that the administration of the substance was accidental.

The Panel accepted a written admission from Mr Thompson that he was in breach of Regulation 45 and imposed a fine of £150 upon him. The Panel noted that the prize monies had already been distributed and therefore directed that this be returned. Under Regulation 150(ii), the Panel disqualified NELLY LA RUE (IRE) from the race, placing COBH NATIONAL (IRE) first, RUNNING BROOK (IRE) second and THE TOFT third.

 

Notes to editors: 

1. The Panel for the hearings was: William Barlow (Chair), Celina Carter, Roger Bellamy.