There follows below a summary of four ongoing investigations by the BHA Integrity department, including dates scheduled for hearings, where appropriate.
AM I BLUE
The Integrity Department of the British Horseracing Authority held an investigation into the events surrounding the running of AM I BLUE in the Wyvern Ices Handicap Hurdle at Hereford on 1st September 2010.
After an extensive investigation it is the verdict of the Integrity department that the race should be cleared and found no evidence of breaches of the rules of racing or codes of conduct regarding the running of AM I BLUE.
The concerns raised focussed on four primary issues, each of which was investigated with the findings as follows.
1.The fact that the horse was heavily backed on the day of racing
All major betting operators and exchanges were contacted, with none reporting any suspicious betting patterns or lodging any complaints against the betting activity
2. The fact that booked jockey Dean Coleman was replaced by Richard Johnson on the day of racing, with seemingly inconsistent reasons for unavailability
It was found that the reasons offered by jockey Dean Coleman to the BHA for his unavailability to take the ride were all accurate and viable reasons
3. Question marks over whether the horse was being trained by Mrs Delyth Thomas, as advertised, or in reality trained by Tim Vaughan
It was found that the horse was indeed trained by Mrs Delyth Thomas and no longer trained by Tim Vaughan
4. The apparent improvement in form of the horse
Delyth Thomas was questioned in detail about AM I BLUE’s training, well being and races prior to 1st August 2010. Her responses were entirely credible and have been corroborated. We therefore have no concerns in relation to the horse’s performances.
However, during the course of the investigation into the running of AM I BLUE, the integrity department did discover some completely separate and incidental issues which raised Integrity concerns. As a result a separate investigation has now been launched. However, as this is an ongoing investigation we are unable to reveal any information as to the individuals involved in this investigation, or any of the details of the case.
Kieren Fallon
Licensed jockey Kieren Fallon has been informed he will be required to attend a Disciplinary Panel hearing to consider possible breaches of the Rules of Racing, relating to his failure to arrive in time to take his first two rides at Chester on 5 May 2011.
The Disciplinary Panel will consider whether or not Kieren Fallon is in breach of:
Rule (D) 31.1 in that having been declared to ride FRED WILLETTS (IRE) in the 1.45pm race and FORTE DEI MARMI in the 2.20pm race at Chester on 5 May 2011 he failed to inform the Clerk of Course, with an explanation, as soon as possible after he became aware he would be unable to ride those horse in those race.
Rule (A) 31.1.2 by providing inaccurate information in relation to the administration or control of racing; or alternatively
Rule (A) 31.1.3 by, in relation to the administration and or control of racing, omitting relevant information which had been requested; or alternatively
Rule (A) 31.2 by deliberately misleading an employee of the Authority (namely Mr William Nunneley, Head of Stewarding) in connection with the administration or control of racing.
A Disciplinary Panel hearing is scheduled to take place on 21 November 2011, with facility for the hearing to be extended to 22 November if required.
Elliot Cooper and Richard Bowe
Licensed trainer Elliot Cooper and unlicensed individual Richard Bowe have been informed they will be required to attend a Disciplinary Panel hearing to consider possible breaches of the Rules of Racing, relating to Inside Information.
The Disciplinary Panel will consider whether or not Elliot Cooper is in breach of:
Rule 220(i) of the Old Rules of Racing by aiding and abetting the commission of a corrupt and/or fraudulent practice by Mr Bowe (namely placing lay bets on MASAFI in 2009 and/or on horses trained by Jonjo O’Neill whilst Elliot Cooper was employed by Mr O’Neill in 2005 and 2006 with the benefit of Inside Information, in breach of Rule 201(v)) by communicating Inside Information to Mr Bowe knowing that, or being reckless as to whether or contemplating as a real possibility that Mr Bowe would use it for such a corrupt and/or fraudulent practice.
Rule 243 of the Old Rules of Racing by communicating Inside Information to Mr Bowe for reward about MASAFI and/or on horses trained by Jonjo O’Neill, none of which was owned by Mr Bowe.
The Disciplinary Panel will also consider whether or not Richard Bowe is in breach of:
Rule 201(v) of the Old Rules of Racing in that he committed a corrupt or fraudulent practice in relation to racing in Great Britain by laying MASAFI to lose and/or not be placed in the 2 and 12 June Races with the benefit of Inside Information relating to MASAFI’s prospects in those races;
Rule 201(v) of the Old Rules of Racing in that he committed a corrupt or fraudulent practice in relation to racing in Great Britain by laying horses trained by Jonjo O’Neill to lose and/or not be placed with the benefit of Inside Information relating to the prospects of those horses in the races;
Rule 220(ix) of the Old Rules of Racing by causing Mr Cooper to communicate to him Inside Information for reward about MASAFI and/or horses trained by Jonjo O’Neill, none of which was owned by Mr Bowe;
Pursuant to Rule 2(v) of the Old Rules of Racing, is Mr Bowe (in any event) liable to be excluded for failing to co-operate with the BHA’s investigation into his lay trading of MASAFI and horses trained by Jonjo O’Neill.
A Disciplinary Panel hearing is scheduled to take place on 30th November and 1st December 2011.
Jonjo O’Neill is not, and has never been, under suspicion in this case.
George Prodromou, Charlotte Kerton, Gary Banham, Stuart Compton, Filippos Sergides, John Hogan and Alexander Starret
Licensed trainer George Prodromou, licensed jockey Charlotte Kerton and five unlicensed individuals have been informed they will be required to attend a Disciplinary Panel hearing to consider possible breaches of the Rules of Racing, relating to Inside Information.
In relation to the running and riding of TIMETEAM (IRE) on 22nd January 2010 and/or TRIP SWITCH on 27th January 2010 at 1.30 pm, the Disciplinary Panel will consider whether or not George Prodromou is in breach of:
Rule (A)41.2 in that he conspired with other persons to commit a corrupt or fraudulent practice by communicating directly or indirectly to one or more Betting Exchange account holders information relating to the prospects in the race of TIMETEAM (IRE) and/or TRIPSWITCH which was or included information (i) obtained in his capacity as a licensed person, and (ii) which was not publicly available or authorised for such disclosure by the Rules of Racing (‘Inside Information’), and knowing that (i) and (ii) were the case, or being reckless as to whether this was so and knowing that, or being reckless as to whether, such information would or might be used to gain an unfair advantage in the betting market.
and/or
Rule (A)36.1 in that he communicated directly or indirectly to one or more account holders on betting exchanges, for material reward, gift, favour or benefit in kind, information relating to the prospects of TIMETEAM (IRE) and/or TRIP SWITCH, which was or included Inside Information knowing, or being reckless as to whether, such information was Inside Information
Rule (C)45.4.1 by failing to give instructions to the jockey necessary for the horse to run on its merits.
Rule (C)64.1 in that he placed a lay bet with a Betting Organisation on a horse under his care or control to lose a race, instruct another Person to do so, or receive the whole or any part of any proceeds of such a lay.
In relation to the running and riding of TIMETEAM (IRE) on 22nd January 2010 and/or TRIP SWITCH on 27th January 2010 at 1.30 pm, the Disciplinary Panel will consider whether or not Charlotte Kerton is in breach of:
Rule (A)41.2 in that she conspired with other persons to commit a corrupt or fraudulent practice by communicating directly or indirectly to one or more Betting Exchange account holders information relating to the prospects in the race of TIMETEAM (IRE) and/or TRIP SWITCH which was or included information (i) obtained in her capacity as a licensed person and (ii) which was not publicly available or authorised for such disclosure by the Rules of Racing (‘Inside Information’), knowing that (i) and (ii) were the case, or being reckless as to whether this was so and knowing that, or being reckless as to whether, such information would or might be used to gain an unfair advantage in the betting market.
and/or
Rule (A)36.1 in that she communicated directly or indirectly to one or more account holders on betting exchanges, for material reward, gift, favour or benefit in kind, information relating to the prospects of TIMETEAM (IRE) and/or TRIP SWITCH, which was or included Inside Information knowing, or being reckless as to whether, such information was Inside Information
Rule (B)59.2 by intentionally failing to ensure that the horse was run on its merits.
In relation to the running and riding of TIMETEAM (IRE) on 22nd January 2010 and TRIP SWITCH on 27th January 2010 at 1.30 pm, the Disciplinary Panel will consider whether or not Filippos Sergides, Gary Banham and Stuart Compton are in breach of:
Rule (A)41.2 in that they conspired with other persons to commit a corrupt or fraudulent practice by placing lay bets and/or causing one or more other Betting Exchange account holders to place lay bets on the horse TIMETEAM (IRE) and TRIP SWITCH (the “Named Horse”) not to win (and/or be placed in) the race using information he had received directly or indirectly from the Jockey or other licensed person in the race relating to the prospects in the race of the Named Horse which was or included information (i) obtained by the Jockey or other licensed person in their capacity as licensed persons which was (ii) not publicly available or authorised for such disclosure by the Rules of Racing (‘Inside Information’), and knowing that (i) and (ii) were the case, or being reckless as to whether this was so and knowing that, or being reckless as to whether, such information would provide an unfair advantage in the betting market
In relation to the running and riding of TIMETEAM (IRE) on 22nd January 2010 at 1.30 pm, the Disciplinary Panel will consider whether or not John Hogan and Alexander Starret are in breach of:
Rule (A)41.2 in that they conspired with other persons to commit a corrupt or fraudulent practice by placing lay bets and/or causing one or more other Betting Exchange account holders to place lay bets on the horse TIMETEAM (IRE) (the “Named Horse”) not to win (and/or be placed in) the race using information he had received directly or indirectly from the Jockey or other licensed person in the race relating to the prospects in the race of the Named Horse which was or included information (i) obtained by the Jockey or other licensed person in their capacity as licensed persons which was (ii) not publicly available or authorised for such disclosure by the Rules of Racing (‘Inside Information’), and knowing that (i) and (ii) were the case, or being reckless as to whether this was so and knowing that, or being reckless as to whether, such information would provide an unfair advantage in the betting market
A Disciplinary Panel hearing is scheduled to take place from the 12 to 14 December 2011, although there is an on-going application for an adjournment.
