Disciplinary Panel results of an Appeal, Referral and fast-tracked cases

28/03/2024 @ 12:00:00 Harry Cobden

On 22 March 2024 the independent Disciplinary Panel of the British Horseracing Authority (BHA) considered an Appeal from Mr Harry Cobden against the findings of the Stewards at Cheltenham on 13 March to impose a 3-day suspension for careless riding. The result and written reasons can be read here.

The Panel for this hearing was: HH James O’Mahony, Rupert Arnold and Chester Williams.

Christopher Anderson On 19 March 2024 the independent Disciplinary Panel of the BHA sat in private to inquire into whether the former Stable Employee Mr Christopher Anderson had breached Rule 4(1)(a) and (b) of the Safeguarding Regulations.

The result and written reasons can be read here.

The Panel for this hearing was: Rachel Spearing, Rupert Arnold and Rory Niblock.

Jay Mackay, fast-tracked

1. On 24 October 2023, Apprentice Jockey Jay Mackay failed to attend a mandatory claimers workshop at the British Racing School (BRS).

2. Ms. Mackay is a Licenced Apprentice Jockey, who was first issued with a licence on 01/10/2020, renewed on 21/10/23 with her current Trainer. The Licenced Trainer to whom Ms. Mackay is attached provided notification of her attendance to the BRS, with an unsatisfactory explanation for her non-attendance being reported to the British Horseracing Authority by the BRS.

3. Rule (J)24.1 (Conduct obstructing the proper administration or control of racing) of the Rules of Racing states that a person must not, in relation to the administration of racing or control of racing, breach any declaration or undertaking given to the Authority. By renewing a licence, Jockeys agree to attend any seminar or workshop during the period for which their licence is valid.

4. The proposed penalty for breach of Rule (J)24.1 is within a range of 2-10 days with an entry point of 5 days. The BHA have deemed this matter suitable for fast-track determination at the entry level based on Ms. Mackay’s admission and the absence of any relevant previous disciplinary matters.

5. Ms. Mackay accepts the fast-track procedure and accepts the proposed 5 day penalty.

6. I have considered the facts, personal history and regulatory framework noting the acceptable entry level and therefore agree and direct the order.

Rachel Spearing, Judicial Panel Member

Mick Appleby, fast-tracked

A. INTRODUCTION

1. On 14th July 2022 Mr. Appleby ran BABE ALICIOUS (IRE), the horse he trained, at Leicester racecourse in the 16.40 ‘Follow @leicesterraces on Twitter for News Classified Stakes’ (Division 2). On 2nd August 2022 the BHA received a report that the post-race urine sample taken from BABE ALICIOUS (IRE) had tested positive for Morphine and Oripavine. On 8th August 2022 Mr. Appleby was interviewed. He was unable to account for how the test had come back positive. A thorough investigation was undertaken including an unannounced inspection of Mr. Appleby’s yard on the day of the interview. Notwithstanding that investigation it has not been possible to establish how the Morphine and Oripavine came to be administered to BABE ALICIOUS (IRE). Bearing in mind the burden owed by the trainer pursuant to Rule (K)14, the BHA wrote to Mr. Appleby on 21st March 2024 by email informing him of its proposal that the matter be dealt with under the fast track procedure. The BHA proposed a potentially agreed penalty of £1000 and disqualification of BABE ALICIOUS from the race in question. The BHA sought Mr. Appleby’s agreement to the same by 12th April 2024. On 22nd March 2024 Mr. Appleby signed acceptance of procedure and penalty.

B. CONSIDERATION

2. I have carefully considered whether I agree with the course proposed by the BHA and agreed by Mr. Appleby.

3. It is clear from their letter of 21st March 2024, the interview record, the BHA case summary and the relevant medical materialthat the BHA considered all the relevant matters, including the seriousness of the breach. Whilst any issue potentially impacting equine health and welfare and involving the presence of a prohibited substance may be regarded as serious, I agree that the facts in this case put this matter into the low category of seriousness, for an offence pursuant to Rule (K)2.2 for which the penalty is one of a caution - £5000 fine. The case is aggravated by the two previous adverse analytical findings against Mr. Appleby, although I note one of those was dissimilar in its seriousness and nature and that neither involved the same substance. I note also that the BHA have proposed to reduce the overall figure of £1500 to one of £1000 to account for the time the investigation has taken. I consider that to be a sound approach in the circumstances of the case.

4. I consider the sum of £1000 adequately reflects the seriousness of the conduct leading to Mr. Appleby’s breach of (K)2.2. In so far as disqualification of BABE ALICIOUS (IRE) from the race is concerned, I consider the proposal made by the BHA and agreed by Mr. Appleby to be commensurate with the breach.

5. I therefore confirm the penalty to be a fine of £1000 and disqualification of BABE ALICIOUS from ‘Follow @leicesterraces on Twitter for News Classified Stakes’ (Division 2) run at Leicester on 14th July 2022.

Tim Grey, Judicial Panel Member

Notes to Editors:

1. More information about the fast-track system can be found here.

Please note, the BHA Judicial Panel is an independent body which encompasses the Disciplinary Panel, Appeal Board and Licensing Committee. It receives administrative support from the BHA via the Judicial Panel Executive.