NOTICE OF A FORTHCOMING DISCIPLINARY PANEL HEARING (GERARD BUTLER)

15 Nov 2013 Pre-2014 Releases

As has been previously publicised, the Disciplinary Panel hearing regarding licensed trainer Gerard Butler will commence at 10.00am on Monday 18 November 2013.

Three days have been set aside for the hearing. It is not yet known whether a result will be published immediately on conclusion of the hearing or at a later date following the hearing.

Gerard Butler will be represented by Charles Foster, instructed by Richard Brooks. BHA will be represented by Graeme McPherson QC.

The Charges

Gerard Butler has been informed he will be required to attend a Disciplinary Panel hearing to consider possible breaches of the Rules of Racing as follows.

1) Whether breaches of Rule (C)50 and/or Rule (C)55 of the Rules of Racing have been committed by Gerard Butler, a Licensed Trainer, by virtue of the samples taken from all or any of the following horses (being horses in the care or control of Mr Butler) on 20 February 2013 at Egerton House Stables, Cambridge Road, Newmarket, Suffolk CB8 0TH testing positive for the Prohibited Substance stanozolol:
a) A TOUCH OF FASHION (USA)
b) FLEMISH SCHOOL
c) AZRAG (USA)
d) LA BELLE EPOQUE (USA)
e) RAINBOW BEAUTY
f) ZAIN EAGLE
g) ZAIN QUEEN
h) ZAIN SPIRIT (USA)
i) PRINCE ALZAIN (USA).

2) Whether Gerard Butler breached Rule (A)30 of the Rules of Racing by acting in a manner that was prejudicial to the integrity, proper conduct and/or good reputation of horseracing in Great Britain by administering or causing or allowing to be administered stanozolol, a Prohibited Substance, to all or any of the following horses under his care
a) AZRAG (USA)
b) ZAIN EAGLE
c) ZAIN SPIRIT (USA)
d) PRINCE ALZAIN (USA)
other than (1) by a veterinary surgeon, and (2) on veterinary advice for the appropriate treatment of an underlying medical condition in each horse.

3) Whether by administering intra-articular injections himself to all or any of the following horses
a) AZRAG (USA)
b) ZAIN EAGLE
c) ZAIN SPIRIT (USA)
d) PRINCE ALZAIN (USA)
despite him not being a qualified or registered veterinary surgeon, Gerard Butler acted in a manner that was prejudicial to the integrity, proper conduct and/or good reputation of horseracing in Great Britain and thereby breached Rule (A)30 of the Rules of Racing.

4) Whether by administering intra-articular injections himself to all or any of the following horses
a) AZRAG (USA)
b) ZAIN EAGLE
c) ZAIN SPIRIT (USA)
d) PRINCE ALZAIN (USA)
despite him not being a qualified or registered veterinary surgeon, Gerard Butler failed to conduct his business of training racehorses with reasonable care and skill and/or failed to act with due regard to the interests of horses under his care, and thereby breached Rule (C)22 of the Rules of Racing.

5) Whether by administering intra-articular injections himself to all or any of the following horses
a) AZRAG (USA)
b) ZAIN EAGLE
c) ZAIN SPIRIT (USA)
d) PRINCE ALZAIN (USA)
despite him not being a qualified or registered veterinary surgeon, Gerard Butler failed to take all reasonable steps to ensure the safety and welfare of horses under his care and thereby breached Rule (C)27 of the Rules of Racing.

6) Whether Gerard Butler is in breach of Rule (C)13 of the Rules of Racing by virtue of his failure to keep a record of ‘Treatments’ for all or any of the following horses which included the information listed in Rules (C)13.2.1 to 13.2.6 for such Treatments:
a) The administration of stanozolol to A TOUCH OF FASHION (USA) on 29 December 2012
b) The administration of stanozolol to ZAIN EAGLE on a date unknown but said by Mr Butler to have been in late 2012
c) The administration of stanozolol to ZAIN SPIRIT (USA) on a date unknown but said by Mr Butler to have been in late 2012 or early 2013
d) The administration of stanozolol to AZRAG (USA) on a date unknown but said by Mr Butler to have been in late 2012
e) The administration of stanozolol to PRINCE ALZAIN (USA) on a date unknown but said by Mr Butler to have been in late 2012

7) Whether Gerard Butler is in breach of Rule (C)13 of the Rules of Racing by virtue of his failure to keep a record of ‘Treatments’ for the abovenamed nine horses which included the information listed in Rules (C)13.2.1 to 13.2.6 for such Treatments.