1. On 28 July 2016, the Disciplinary Panel of the British Horseracing Authority (BHA) heard an appeal brought by the jockey Marc Monaghan, the rider of ACCENTO, against the decision by the Doncaster Stewards to find him in breach of Rule (B)54.1 and to suspend him for 3 days for careless riding in the Saint Gobain Weber Maiden Stakes on 21 July 2016.
2. Prior to the enquiry, both parties had agreed that they had no objection to the Panel members sitting.
3. As always, the Disciplinary Panel approached this type of appeal as a re-hearing. Mr Monaghan was represented by Rory Mac Neice and the BHA’s case was presented by Lyn Williams. Mr Williams and Mr Mac Neice prior to the enquiry had agreed that Mr Hamilton, the rider of YARMOUK (FR), that had suffered the interference, need not attend as both parties had agreed that interference had taken place.
4. Mr Williams, on behalf of the BHA, stated that inside the final furlong Mr Monaghan had manoeuvred ACCENTO to the outside for a run. He used his whip in the backhand position and his horse had drifted right. Mr Williams accepted that Mr Monaghan had correctly straightened his horse but he should have expected it to drift right again when he took his hand off the rein to use his whip and he had therefore not taken reasonable steps to prevent interference taking place.
5. Mr Mac Neice, on behalf of Mr Monaghan, stated that having drifted right Mr Monaghan had correctly straightened his horse but that he could not reasonably have expected the horse to drift right when he took his hand off the rein to ask the horse to improve its position.
6. The Panel accepted that Mr Monaghan had taken all reasonable steps to correct the initial drift to the right, and having straightened his horse, Mr Monaghan correctly encouraged his horse forward to obtain the best possible placing. He could not have expected or prevented the sudden and slight move right which resulted in interference to YARMOUK (FR). The Panel also took into account ACCENTO was a two year old having his first run. The Panel found that the interference was accidental.
7. The Panel therefore upheld the appeal and quashed the 3 day suspension and returned his deposit.
Notes to Editors:
1. The Panel for the appeal was: William Barlow (Chair), Philip Curl, Ian Stark