The Disciplinary Panel held an enquiry to consider whether or not Worcester Racecourse Ltd, the Managing Executive of Worcester Racecourse, had committed breaches of Rule 80 (ii) (a) of the Rules of Racing, in the light of Rule 80 (ii) (b), BHA General Instruction (BHAGI) 11.1, headed “Requirements for the Provision of Racecourse Medical Services”, and BHAGI 11.2, headed “Responsibilities of Racecourse Medical Officers and Other Medical Staff”, in that at their meeting on 24th June 2009:
1) BHAGI 11.1(para 5(b) & (f)) – the Jockeys’ Medical Room (JMR) did not have:
i) the requisite equipment and supplies as listed at Annex A to BHAGI 11.2; and
ii) a copy of the current BHAGI section 11
2) BHAGI 11.1(para 8(b) & (c)) – the ambulances failed to have the requisite equipment and supplies as listed at Annex A to BHAGI 11.2
3) BHAGI 11.1(para 14(b) & (f)) – the Standing Orders for medical arrangements on the racecourse failed to include:
i) the contractual arrangements for ambulances; and
ii) a detailed inventory of the equipment and supplies located in the ambulances, the JMR and by each of the Racecourse Medical Officers (RMOs) – the lists attached to the Standing Orders being out of date and failing to indicate the quantities required.
4) BHAGI 11.1 (para 15) – copies of the current Standing Orders together with BHAGI section 11 were not handed to each ambulance crew before the raceday briefing.
5) BHAGI 11.2 (para 3(i)) – the Senior RMO failed to ensure, prior to advising the nominated representative of the Managing Executive that all the medical arrangements were in place for racing to commence, that the medical equipment and supplies in the JMR satisfied the requirements of Annex A to BHAGI 11.2 and the Standing Orders.
6) BHAGI 11.2 (para 4(c)) – the Senior RMO (SRMO) failed to ensure that an RMO reported to the Clerk of the Scales in the Weighing Room after every race.
Having considered the evidence, including a written statement from Worcester Racecourse Ltd, the Panel accepted an admission from the Executive that they were in breach of Rule 80 (ii)(a) in respect of counts 4. 5 and 6. It also found the Executive to be in breach of Rule 80 (ii)(a) in respect of counts 1, 2 and 3.
Although the Panel accepted that the deficiencies in the equipment (counts 1 and 2) may only be considered minor, the Panel was concerned that the correct checks were not carried out and the deficiencies, however minor, identified and rectified prior to the SRMO confirming that all the medical arrangements were in place and racing could commence.
The Panel imposed a fine of £5,000 upon Worcester Racecourse Ltd and ordered a re-inspection of the medical facilities to be carried out in the near future.
Eric Wheeler / EVEN BOLDER
The Disciplinary Panel held an enquiry into the analysis of the urine ordered to be taken from EVEN BOLDER, trained by E A Wheeler, by the Stewards at Brighton after the gelding had finished unplaced in the Comfort Controls 25 Years Saving You Energy Handicap on 15th October 2009. The Panel also considered whether or not to take action under Rule (A)74 of the Rules of Racing in respect of the possible disqualification of EVEN BOLDER.
The urine taken from EVEN BOLDER was found to contain a metabolite of acepromazine, which is a prohibited substance. After considering the evidence, including a written statement from Wheeler, the Panel was satisfied that source of the substance was a 3cc intramuscular injection of acepromazine administered by Wheeler to EVEN BOLDER on 10th October, so as he could clip the gelding prior to running.
The Panel accepted an admission from Wheeler that he was in breach of Rule (C)53 and imposed a fine of £1000 upon him. Under Rule (A)74 the Panel disqualified EVEN BOLDER from the race.
The Panel also informed Wheeler that all the horses in his care will be the subject of examination and the taking of samples for analysis provided for in Rule (A)49 within the next 12 months.
Notes for Editors:
- The Panel for the hearings were: Lord Rathcreedan (Chair), Mrs D Powles and Mrs J Cavendish
- The Guideline Penalty for a breach of BHAGI 11 (medical services incomplete) is a fine of £3,500 – £15,000 with an Entry Point of £5,000
- The Guideline Penalty for a positive sample in error or on veterinary advice is a fine of £750 – £2,500 with an Entry Point of £1,000 with the horse being disqualified