Results of enquiries (K Fox, P Harley) and an appeal (C Gannon) heard by the Disciplinary Panel on Thursday 21 January

21 Jan 2016 Disciplinary Panel - Appeals against decisions on a Racecourse Disciplinary Panel - Referrals from Racecourse


Cathy Gannon

1. On 21 January 2016, the Disciplinary Panel of the British Horseracing Authority (BHA) heard an appeal brought by the jockey Cathy Gannon against the decision by the Wolverhampton Stewards to find her in breach of Rule (B)54.1 and to suspend her for 2 days for careless riding in the £10 Free at Handicap Stakes on 8 January 2016.

2. As always, the Disciplinary Panel approached this type of appeal as a re-hearing. Cathy Gannon was represented by Rory Mac Neice and the BHA’s case was presented by Lyn Williams. Saleem Golam, the rider of CAPPY BROWN was also in attendance and represented by Mark Edmondson.

3. Mr Williams, on behalf of the BHA, stated that Miss Gannon, the rider of THE BIG GUY, having broken slowly tried to regain ground that she had lost. In doing so she pushed into a gap that was sure to close due to the nature of the course.

4. Mr Mac Neice, on behalf of Miss Gannon, stated that she was within her rights to regain the lost ground and having reached CAPPY BROWN’s quarters by the marker pole had every right to maintain her position on the inside around the bend.

5. The Panel concluded that Miss Gannon, having reached CAPPY BROWN’s quarters, was entitled to hold her position. It was agreed that the interference had been caused by Golam’s horse suddenly dropping in at the apex of the bend, however, the interference was accidental.

6. The Panel upheld the appeal and quashed the 2 day suspension.


Kieren Fox

1. The Disciplinary Panel of the British Horseracing Authority (BHA) on 21 January 2016 held an enquiry to establish whether or not Kieren Fox, the rider of LUPO D’ORO (IRE), 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 Racing UK Profits Returned to Racing Handicap Stakes at Kempton Park on 17 January 2016. The matter was referred to the BHA head office by the Kempton Park Stewards following an enquiry on the same day because this was Fox’s fifth offence of mis-use of the whip, warranting a suspension of between 2 to 6 days, in the last 6 months.

2. The BHA’s case was presented by Lyn Williams and Fox was represented by Rory Mac Neice. The Panel also viewed recordings of the race.

3. The Panel accepted Fox’s admission that he was guilty of misuse of the whip in that he had used his whip above the permitted level. It was considered that the breach would have warranted a suspension of 4 days.

4. Taking into account that Fox:
i) had committed 5 whip breaches (3 x 2 days & 2 x 4 days), since 23 July 2015; and
ii) had had 156 rides over this period the Panel suspended him from riding for 33 days, of which 11 days will be deferred for 2 months until 24 April 2016. The suspension will run from Friday 29 January 2016 until Thursday 24 February 2016 inclusive, on days that Flat Racing is scheduled to take place.

5. In deciding on the length of suspension, the Panel noted that this was the second time in 7 months that Fox had been referred to the Disciplinary Panel concerning his use of the whip.


Paul Harley

1.The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on 21 January 2016 to consider whether or not German licensed trainer Paul Harley, had committed a breach of Rule (C)33 of the Rules of Racing, in respect of the administration of a substance, other than normal feed and water by mouth, to KALDERA (GER) on 29 July 2015 the day before the filly ran in the Markel Insurance Fillies’ Stakes (Registered as the Lillie Langtry Stakes) at Goodwood on 30 July 2015.

2. Harley was represented by Rory Mac Neice and the BHA’s case was presented by Danielle Sharkey.

3. The Panel noted that on 29 July 2015, Harley had arrived at Goodwood Racecourse with KALDERA (GER) as the horse was entered and ran in the Markel Insurance Fillies’ Stakes (Registered as the Lillie Langtry Stakes) on 30 July 2015. Harley and the filly had travelled over to Great Britain from Germany, where Harley was training at the time.

4. On 29 July 2015, during a routine inspection of the racecourse stable yard, an Equine Welfare Integrity Officer (EWIO) had noticed that there was a used syringe on top of the kit that was situated outside of the box where KALDERA (GER) was stabled. On questioning, Harley had stated that it had been used to administer post-travel electrolytes to the filly following the long journey from Germany.

5. When asked by the EWIO to see the electrolyte that had been administered, Harley produced an unlabelled beer bottle that he used for travelling purposes. A sample was taken to verify that the liquid administered was an electrolyte. A sample was also taken from the syringe that had been used.

6. The sample taken from the bottle had been sent to LGC and the result was consistent with the substance containing ‘additives’ such as those that would be found in an electrolyte. However, there was not enough of the substance left in the syringe to determine a result and therefore was returned as negative. Both results had been reviewed by the BHA’s Veterinary Department and the BHA was satisfied that the results from the samples were consistent with Harley’s statement.

7. Harley had expressed his embarrassment about falling foul of the Rules of Racing and the BHA was satisfied that there was no skulduggery involved in this case. Nonetheless, the Rules were clear and unambiguous and there is clear signage that is situated around the stabling yards reminding trainers of the restrictions in relation to what can be brought into racecourse stables and what can be administered.

8. Mr Mac Neice on behalf of Harley admitted the breach and stated that his client appreciated that he should have obtained dispensation.

9. The Panel accepted Harley’s admission to a breach of Rule (C)33 and fined him £1,000.


Notes to Editors:

1. The Panel for the hearings were: William Barlow (Chair), Hopper Cavendish, Didi Powles.