Hillside Girl Update
Published: 30 September 2004
– Reasons for Disciplinary Panel findings published
– O’Sullivan and Jewett to answer further charge
– Absent witness called to Portman Square
The reasons for the Disciplinary Panel’s findings following their enquiry into the running and riding of Hillside Girl are published today. The evidence heard by the Panel did not support the charges which alleged that Alan Berry, the trainer, Paul Bradley, the jockey, and Stephen O’Sullivan and Dale Jewett, former employees of Alan Berry, had conspired or connived together with a view to running Hillside Girl when they knew the filly to be lame. The charge that Berry had attempted to mislead the Carlisle Stewards was dismissed by the Panel and another charge against him was withdrawn. However, the Panel did find Berry, O’Sullivan and Jewett to have breached of a number of Rules and the reasons are reproduced in full on the Jockey Club’s website.
The Jockey Club has also confirmed that it intends to proceed with charges against Stephen O’Sullivan and Dale Jewett in relation to the Panel’s finding that they ‘knew that Hillside Girl was sufficiently lame that it had little chance of winning or being placed in the race at Carlisle and that they used that information, which they acquired by reason of their positions as a stable employees of Alan Berry, in the interests of bets laid by them in the “win” and “place” betting exchange markets.’ These charges allege that both O’Sullivan and Jewett were guilty of a corrupt or fraudulent practice by using such information.
This matter was not concluded at the initial hearing due to the Panel accepting that because the Jockey Club had only notified O’Sullivan and Jewett shortly before the start of the hearing of these particular alleged breaches, the parties concerned should be given a further opportunity to consider and if necessary bring forward relevant evidence in respect of the remaining issues connected with this charge, namely whether or not use of the information amounts to a corrupt or fraudulent practice.
The Jockey Club has written to Stephen O’Sullivan and Dale Jewett and asked that they submit their response to the charge, in accordance with Appendix S of the Rules of Racing, within 14 days of receiving the Panel’s full reasons, as published today. No date has yet been set for a Disciplinary Panel enquiry to consider the matter.
The Jockey Club have also written to William Keenan, a former stable employee of Alan Berry, and informed him that he is required to attend a Disciplinary Panel enquiry in light of his decision not give evidence at the Hillside Girl hearing. William Keenan gave two statements to a Jockey Club Investigating Officer but subsequently failed to attend the enquiry itself. A provisional date of 14th October has been scheduled for the Panel to consider, under Rule 6 of the Rules of Racing, whether his failure to attend was ‘without reasonable cause’.
30th September 2004
Notes for Editors:
1. The enquiry arose out of the running and riding of Hillside Girl (IRE) in the Father’s Day Novice Auction Stakes 2.10pm race at Carlisle on 15th June 2003.
2. Following the enquiry, the Disciplinary Panel imposed the following penalties:
Breach of Rule 220(vii)(b) – £400
Breach of Rule 51(i) – £1500
Breach of Rule 54(i) – £250
Breach of Rule 241(i)(b) – £1000
Breaches of Rules 241(i)(b) and 220(viii) – the Panel has decided to withdraw Dale Jewett’s Amateur Riders Permit from 8th October 2004 and to order him not to reapply before 16th January 2005.
3. The reasons and findings are reproduced in full on the Jockey Club website: www.thejockeyclub.co.uk .
4. Stephen O’Sullivan and Dale Jewett are alleged to have breached Rule 201 (v), by being guilty of a corrupt or fraudulent practice in relation to racing, namely using information known to him by reason of his position as a stable employee at Mr Berry’s yard, but not publicly available, that HILLSIDE GIRL (IRE) was or was suspected of being lame in its left fore and therefore had little chance of winning or being placed in the Father’s Day Novice Auction Stakes (Class E) at Carlisle on 15th June 2003 in the interests of bets layed by him in the ‘win’ and ‘placed’ betting exchange markets.
5. William Keenan is required to appear before the Disciplinary Panel in relation to Rule 6 of the Rules of Racing which states: “No person who has been requested by or on behalf of the Stewards of the Jockey Club to attend an enquiry or hearing of an appeal under Rule 178 shall without reasonable cause fail or refuse to do so. This Rule shall apply to a person who has ceased to be bound by the Rules of Racing where, in the opinion of the Stewards of the Jockey Club, he has material information concerning events whilst he was subject to the Rules of Racing and the power of the Stewards of the Jockey Club under Rule 2(i) shall apply in respect of any breach.”