British Horseracing Authority Disciplinary

NEGOTIATION (IRE) - 24/05/2012

Thu, 24 May 2012 00:00:00 GMT

NEGOTIATION (IRE) - MICHAEL QUINN

YARMOUTH FIRST MAY MEETING 2012
The havenholidayhomes.co.uk Handicap Stakes (Class 5)

The Disciplinary Panel of the British Horseracing Authority held an enquiry on 24 May 2012 into a report that NEGOTIATION (IRE), trained by Michael Quinn, had been reluctant to race in the havenholidayhomes.co.uk Handicap Stakes at Yarmouth on 1 May 2012. The matter was referred to the Authority by the Yarmouth Stewards following their enquiry of the same day, because the gelding had previously refused to race or been reluctant to race, in both flat and hurdle races, on four of its last five races.

Having considered the evidence, the Panel ordered that with immediate effect, under Rule (F)66 of the Rules of Racing, no further entries would be accepted for NEGOTIATION (IRE) for races run under the Rules of Racing.

Nicky Vigors
Didi Powles
William Barlow
24 May 2012

Channinbar - 24/05/2012

Thu, 24 May 2012 00:00:00 GMT

CHANINBAR (FR) - BRENDAN POWELL

KEMPTON PARK (AWT) FIFTH MARCH MEETING 2012

The Disciplinary Panel of the British Horseracing Authority held an enquiry on 24 May 2012 to consider whether or not to exercise its powers under Rule (F)66 of the Rules of Racing and extend the existing restriction on CHANINBAR (FR), trained by Brendan Powell, being entered or running in jump races, to also cover flat races.

The Panel noted that since the Disciplinary Panel placed its restriction in jump races on CHANINBAR (FR) on 23 November 2011, the gelding had subsequently been reluctant to race in two flat races at Wolverhampton on 17 February 2012 and Kempton on 19 March 2012.

Having considered the evidence, the Panel ordered that with immediate effect, under Rule (F)66 of the Rules of Racing, no further entries would be accepted for CHANINBAR (FR) for races run under the Rules of Racing.

Nicky Vigors
Didi Powles
William Barlow
24 May 2012

CAMPBELL GILLIES - 24/05/2012

Thu, 24 May 2012 00:00:00 GMT

CAMPBELL GILLIES

SEDGEFIELD FIRST MARCH MEETING 2012

The Disciplinary Panel of the British Horseracing Authority held an enquiry on 24 May 2012 into the sample of urine provided by Campbell Gillies, a licensed jockey, at Sedgefield on 4 March 2012.

Gillies� sample was found to contain alcohol in a concentration above the threshold level permitted in urine under Schedule (D)3 of the Rules of Racing.

Having considered the evidence, the Panel accepted an admission from him that he was in breach of Rule (D)65. Taking into account that the level of alcohol found was 71 mg /100ml, which fell within the range of the �Lower Level�, and that this was Gillies� first offence, the Panel cautioned him against providing a finding above the threshold level for alcohol in the future.

Nicky Vigors
Didi Powles
William Barlow
24 May 2012

PEPPERTREE LANE - 24/05/2012

Thu, 24 May 2012 00:00:00 GMT

PEPPERTREE LANE (IRE) - EMMET MICHAEL BUTTERLY

LINGFIELD PARK (AWT) FIRST JANUARY MEETING 2012

Lingfield Park.co.uk Selling Stakes

The Disciplinary Panel of the British Horseracing Authority held an enquiry on 24 May 2012 into the analysis of the urine ordered to be taken from PEPPERTREE LANE (IRE), trained in Ireland by Emmet Michael Butterly, by the Stewards at Lingfield after the gelding was unplaced in the Lingfield Park.co.uk Selling Stakes on 4 January 2012. The Panel also considered whether or not to take action under Rule (A)74.2 of the Rules of Racing in respect of the possible disqualification of the gelding.

The urine taken from PEPPERTREE LANE (IRE) was found to contain boldenone sulphate, which is a prohibited substance. The trainer exercised his right to have the �B� sample analysed which confirmed the original finding. After considering the evidence, including a statement from Butterly, the Panel was unable to establish the source of the substance and could not therefore be satisfied that the administration of the substance was accidental.

Although, the Panel was satisfied that the administration of the substance was not carried out whilst the gelding was in Butterly�s care, it did not absolve Butterly from the strict liability written into Rule (C)53. It therefore accepted an admission from Butterly that he was in breach of Rule (C)53 and fined him �1,000. It was not asked by the BHA to consider a contribution to the costs associated with the analysis of the �B� sample. Under Rule (A)74.2 the Panel disqualified PEPERTREE LANE (IRE) from the race.

Nicky Vigors
Didi Powles
William Barlow
24 May 2012

YAS MARINA - 24/05/2012

Thu, 24 May 2012 00:00:00 GMT

YAS MARINA (USA) - DAVID O'MEARA

CATTERICK BRIDGE FIRST APRIL MEETING

The Disciplinary Panel of the British Horseracing Authority held an enquiry on 24 May 2012 to consider whether or not David O�Meara, a licensed trainer, had committed a breach of Rule (C)17 of the Rules of Racing, in respect of his failure to notify the Racing Calendar Office, by noon 5 days before running, that YAS MARINA (USA) had been gelded. The failure to comply with Rule (C)17 was noted when the Veterinary Officer examined the gelding at Catterick on 11 April 2012.

Having considered the evidence, the Panel accepted an admission from O�Meara that he was in breach of Rule (C)17 and fined him �100.

Nicky Vigors
Didi Powles
William Barlow
24 May 2012

Wetherby Medical Failure - 17/05/2012

Thu, 17 May 2012 00:00:00 GMT

WETHERBY MARCH MEETING, 2012

The Disciplinary Panel of the British Horseracing Authority on 17 May 2012 held an enquiry to consider whether or not Wetherby Steeplechase Committee Limited, the Managing Executive of Wetherby Racecourse, had committed breaches of Rule (F)15.2.3 of the Rules of Racing, in the light of BHA General Instruction 11.1, headed �Requirements for the Provision of Racecourse Medical Services�, in that at its medical inspection prior to and during racing on 30 March 2012 the following deficiencies were identified:

1) BHAGI 11.1 (para 8(b)) � the equipment and supplies in the third ambulance (St John�s) failed to include all the requisite items listed at Annex A to BHAGI 11.2; and

2) BHAGI 11.1 (para 14(c) and (d)) � the Standing Orders for medical arrangements on the racecourse failed to detail:

� the parking points for ambulances;
� the requirement for an ambulance to be in attendance at (or close attendance to) every start; and
� the arrangements as to how the field should be followed by the respective ambulances so as to ensure that a maximum one minute response time is maintained.

Having considered the evidence, including a written submission from the Executive, the Panel accepted an admission that it was in breach of Rule (F)15.2.3.

Noting that
(i) the equipment deficiencies were all rectified on the day, and that all other failings identified at the medical inspection had been addressed subsequently; and
(ii) in the opinion of the Chief Medical Adviser the deficiencies were of a minor nature.

the Panel cautioned the Executive as to its future conduct.

Charles Warde-Aldam
Richard Gould
Didi Powles
17 May 2012

WOOLCOMBE FOLLY (IRE) - PAUL NICHOLLS - 17/05/2012

Thu, 17 May 2012 00:00:00 GMT

WOOLCOMBE FOLLY (IRE) - PAUL NICHOLLS

CHELTENHAM APRIL MEETING, 2012
Ceres Estates Silver Trophy Steeple Chase

The British Horseracing Authority considered the report of the enquiry into the withdrawal of the top weight, WOOLCOMBE FOLLY (IRE), trained by Paul Nicholls, from the Ceres Estates Silver Trophy Steeple Chase at Cheltenham on Wednesday 18th April 2012. The matter was referred to the British Horseracing Authority by the Cheltenham Stewards as WOOLCOMBE FOLLY (IRE) was due to carry top weight.

Having examined the evidence, the Authority was satisfied with Nicholls� explanation that that the going, which had officially changed from Good at declaration time on Tuesday to Good to Soft (Soft in places) on Wednesday after heavy rain, was in the trainer�s opinion too soft for the gelding. For this reason it was decided not to run him. The Authority also noted that Nicholls still ran the other joint top-weight, AERIAL (FR), in the race.

The Authority therefore decided not to refer the case to the Disciplinary Panel.

NTFORD GREY LADY - EMMA LAVELLE - 17/05/2012

Thu, 17 May 2012 00:00:00 GMT

KENTFORD GREY LADY - EMMA LAVELLE

NEWBURY SECOND MARCH MEETING, 2012
EBF Ultima Business Solutions Mares' 'National Hunt' Novices' Hurdle Race Finale

The British Horseracing Authority considered the report of the enquiry into the withdrawal of the top weight, KENTFORD GREY LADY, trained by Emma Lavelle, from the EBF Ultima Business Solutions Mares� �National Hunt� Novices� Hurdle Race Finale at Newbury on Saturday 24th March 2012. The matter was referred to the British Horseracing Authority by the Newbury Stewards as KENTFORD GREY LADY was due to carry top weight.

Having examined the evidence, the Authority was satisfied with Lavelle�s explanation that the going on the hurdles course, which had officially changed from Good to Soft (Good in places) on Friday to Good (Good to Soft in places) on Saturday after warm dry weather, was in her opinion too quick for her mare. She therefore declared the mare a �non-runner�. The Authority also noted that KENTFORD GREY LADY was present on the course.

The Authority therefore decided not to refer the case to the Disciplinary Panel.

KENSWICK Charles Bishop - 26/04/2012

Thu, 26 Apr 2012 00:00:00 GMT

KENSWICK - CHARLES BISHOP

WOLVERHAMPTON THIRD APRIL (AWT) MEETING 2012
The 32RedPoker.com Apprentice Handicap

The Disciplinary Panel of the British Horseracing Authority on 26 April 2012 considered an appeal lodged by Charles Bishop, the rider of KENSWICK, unplaced in the 32RedPoker.com Apprentice Handicap, against the decision of the Stewards at Wolverhampton on 16 April 2012 to suspend him from riding for 9 days. The suspension was as a result of a finding of careless riding which was not appealed.

The Panel heard submissions from Bishop�s legal representive, and viewed recordings of the race.

The Panel found that soon after the marker pole Bishop made a manoeuvre to his left towards the rail, causing interference to LEAN MACHINE, ridden by D E Egan, ROMAN FLAME ridden by Danny Brock, BY IMPLIMICATION, ridden by Ian Burns, SO SHE IS (IRE), ridden by Natasha Eaton, NALEDI ridden by Jacob Butterfield and NICHOLAS POCOCK (IRE) ridden by Justin Newman. The Panel considered that this manoeuvre caused considerable interference resulting in two horses being squeezed out and one of them bouncing off the rail several times. The Panel therefore dismissed Bishop�s appeal and confirmed the suspension of 9 days from Monday 30 April to Tuesday 8 May 2012 inclusive. It ordered the deposit to be forfeited.

Richard Gould
Phillip Curl
Sandra Arkwright
26 April 2012

FITANDPROPERJOB brendan powell - 26/04/2012

Thu, 26 Apr 2012 00:00:00 GMT

FITANDPROPERJOB - BRENDAN POWELL

CHEPSTOW SECOND APRIL MEETING 2012
The John Smith�s Novices' Hurdle Race

The Disciplinary Panel of the British Horseracing Authority on 26 April 2012 considered an appeal lodged by Brendan Powell, the trainer of FITANDPROPERJOB, unplaced, against the decision of the Chepstow Stewards on 14 April 2012 to find him guilty of schooling the gelding and in breach of Rule (C)45.4 of the Rules of Racing, to fine him �3,000, and to suspend FITANDPROPERJOB from running for 40 days. Charlie Poste, the rider of FITANDPROPERJOB, did not appeal the 14 day suspension he received for his breach of Rule (B)59.2.

The Panel heard evidence from Powell, who was legally represented, Poste, and Mr Milton Harris, the representative of the trainer at Chepstow and Racing Manager for the owners of FITANDPROPERJOB (S E D Racing Partnership). It also viewed recordings of the race.

The Panel found that Powell had given instructions to Mr Harris on the morning of the race as to how the horse was to be ridden, but in the light of the gelding�s behaviour when being saddled, in the pre-parade ring and parade ring, he was unable to instruct Poste accordingly. In the interim one of the part owners, who had been aware of Powell�s original instructions, decided to give different instructions in the circumstances. Poste accordingly rode the gelding to the owner�s instructions. All of these facts were not related to the Stewards on the day which resulted in Powell being found in breach on the basis that Poste had been riding to his instructions.

The Panel upheld the appeal and quashed the �3,000 fine imposed and lifted the 40 day suspension on FITANDPROPERJOB.

Richard Gould
Philip Curl
Sandra Arkwright
26 April 2012