On 23 October 2015 the Chairman of the Appeal Board of the BHA heard an application by Kevin Ackerman for a stay of implementation of the penalty of a six month disqualification imposed upon him by the Disciplinary Panel on 12 October, until the conclusion of his pending appeal.
At this hearing the Appeal Board directed that the application by Kevin Ackerman should be adjourned with liberty to restore upon the filing of further evidence by the applicant. That evidence has now been produced and the Appeal Board has made its finding in this matter.
The finding of the Appeal Board is that a stay of penalty should be afforded to Kevin Ackerman until the conclusion of his pending appeal. However, the following conditions will be imposed:
a. Mr Ackerman is permitted until the conclusion of the Appeal to attend at Towcester only on days when there is no horseracing at Towcester;
b. During the period of the stay, Mr Ackerman shall not (i) make or intentionally cause to be made any comment to the press or member of the press (whether via a written or verbal statement or in answer to any questions put to him by any member of the press) or (ii) intentionally make any statement in any other forum that is accessible to the public that could reasonably be construed as publicising to the world at large his attendance at Towcester. For the avoidance of doubt, a reference in the press to a refusal to comment by Mr Ackerman shall not constitute a breach of this requirement;
c. In the event that the Appeal is dismissed, the period of exclusion imposed by the Disciplinary Panel will run from the date of dismissal of the Appeal for a period of six months, but with credit given for the period between the imposition of penalty by the Disciplinary Panel and the granting of a stay;
d. For all other purposes Mr Ackerman remains an excluded person and in particular:
i. He should not attend any licensed premises other than Towcester.
ii. He remains an ‘excluded person’ for the purposes of Rule (A)30.3.2. – which precludes association with an excluded Person (unless prior permission of the Authority has been obtained).
Michael Stainton and Kenneth Mackay
At the same hearing on 23 October the Appeal Board heard an application from Michael Stainton for a stay of penalty for his two-year disqualification, and an application from Kenneth Mackay for a part-stay of penalty regarding his six-month disqualification and his ownership of a horse.
In both cases a stay was not granted at the hearing. Michael Stainton was given permission to make a further application should he wish to present further evidence, but no such application has been received as yet. The Chairman adjourned Kenneth Mackay’s application with leave to re-apply. Kenneth Mackay has since applied to the BHA for approval to lease his horse.
The appeals lodged by Kevin Ackerman, Michael Stainton, Kenneth Mackay and David M Greenwood (who did not submit an application for a stay of penalty) will be considered by the Appeal Board on 14 December, with three working days set aside for the hearing (14, 15 and 18 December).
Notes to Editors
1. The Chairman of the Appeal Board for this case is Bruce Blair QC, with Christopher Hodgson and Jeremy Phillip.
2. The Appeal Board’s full written reasons for this decision can be found here: https://www.britishhorseracing.com/disciplinary_notices/disciplinary-panel-findings-regarding-an-application-for-a-stay-of-penalty-by-kevin-ackerman/
3. The full findings and reasons of the Disciplinary Panel can be found here: https://www.britishhorseracing.com/press_releases/disciplinary-panels-full-written-reasons-regarding-david-m-greenwood-michael-stainton-claire-murray-kevin-ackerman-and-kenneth-mackay/
4. Condition (b) referred to above in relation to Mr Ackerman is as amended and agreed by the parties, as per the Chairman’s request.