Disciplinary Panel results of fast-tracked cases

Published 2021/09/06

Anthony Carroll

£650 – Anthony Carroll - breach of Rule (D)30 of the Rules of Racing in that notification of the wind surgery undergone by ENDOWED had not been notified to the Racing Calendar Office until after the horse ran at Windsor on 19 July 2021 and Brighton on 6 August 2021.

The BHA were notified on 17 August 2021 that ENDOWED had undergone wind surgery on 16 June 2021 prior to arriving at his yard on the same day. However, the wind surgery had not been added to ENDOWED’s record before the horse ran for the first time since the wind surgery at Windsor on 19 July 2021.

Oliver Greenall

£1,000 – Oliver Greenall - breach of Rule (D)11 of the Rules of Racing in that on 18 March 2021 FURIUS DE CIERGUES (FR) was due to run in The Mansionbet Faller Insurance Handicap Steeple Chase (Class 5) race at Doncaster Racecourse. However, at 4:10pm the Equine Welfare and Integrity Officer (EWIO)reported to the Veterinary Officer (VO) that FURIUS DE CIERGUES (FR) had dried blood on the left jugular vein as well as having a green sticky substance on the right side of its mouth.

During the Stewards enquiry, the VO stated that the dried blood was difficult to age as it would look similar to how it appeared an hour after administration. Therefore, if the jugular vein is not wiped clean after the injection, it would be difficult to age it. In relation to the substance around the horse’s mouth, the VO stated that it would have to have been ‘fairly recent’ as it was sticky and didn’t appear to be food but did look like an electrolyte syringe.

A member of his staff explained that the substance was a supplement given to the horse the previous evening in its evening feed. When the EWIO questioned her about the substance shortly after arriving at the racecourse, she explained that the horse had been given an electrolyte in the morning. However, when asked if it was the morning of the race, she said ‘no, I’m not sure now’.

Following the explanation from his staff member, the VO was asked whether the residue were the remains of something (evening feed) fed at 5 o’clock the evening before. The VO stated that it was unlikely as it was sticky and remained on the horse, furthermore if it had been put in the horse’s feed, he would not expect it to be smeared over one side of the horse’s mouth, he would expect it to be ingested with the feed. Had the substance been given in the feed, then there may be a bit of it on the horse’s lips, but it would be more generalised and not all at the right-hand side.

As the Stewards could not be satisfied that the horse had been given only normal feed and water on the day of the race, they ordered that the horse be withdrawn, and routine tested. The sample has since been reported as negative for any Prohibited Substances.

The Chairman noted that as the substance appeared to be fresh and recently administered, the BHA considered that the substance had been administered on the day of the race and therefore he was in breach of Rule (D)11.

Milton Harris

£750 – Milton Harris - breach of Rule (D)7 of the Rules of Racing in that AUSSIE MOON was presented at Newton Abbot stable yard for identification on 2 July 2021 with a view to running in The Sky Sports Racing On Sky 415 Open National Hunt Flat Race (Class 5). When scanning the horse into the yard it was found that the microchip number did not match that held on the BHA system for AUSSIE MOON. The Veterinary Officer was notified and carried out further relevant checks, confirming that the horse presented also did not match the markings and the microchip number in AUSSIE MOON’s passport.

After further investigation it was established that the horse presented as AUSSIE MOON was in fact CHECKITSME. Both horses are 2017 fillies which were sent to him at different times from the same stud and, on his own admittance, at the time of arrival in his care he failed to check their respective identities.

Harry Eustace

£100 – Harry Eustace - breach of Rule (D)28 of the Rules of Racing in that when REGIMENTAL GENT ran at Kempton on 25 August 2021 he had not informed the Racing Calendar Office that the horse had been gelded before the deadline as required. The Chairman noted that notification had been given but not until after declarations.

Tom Ward

£150 – Tom Ward - a breach of Rule (D)28 of the Rules of Racing in that when AUSSIE RASCAL (IRE) ran at Kempton on 25 August 2021 he had not informed the Racing Calendar Office that the horse had been gelded before the deadline as required. It was noted that notification had been given but not until the day of the race.

Phil Makin

£100 – Phil Makin - breach of Rule (D)28 of the Rules of Racing in that when MUKER (IRE) ran at Doncaster on 2 July 2021 he had not informed the Racing Calendar Office that the horse had been gelded before the deadline as required. The Chairman noted that notification had been given but not until after declarations.

James Ferguson

£100 – James Ferguson - breach of Rule (D)28 of the Rules of Racing in that when BATTLE OF THE NILE ran at Wolverhampton on 17 August 2021 he had not informed the Racing Calendar Office that the horse had been gelded before the deadline as required. The Chairman noted that notification had been given but not until after declarations.

Kim Bailey

£1,000 – Kim Bailey - breach of Rule (D)11 of the Rules of Racing in that on 31 March 2021 SUBWAY SURF (IRE) was due to run in the Join RacingTV Mares’ Novices’ Hurdle Race (Class 4) at Ludlow Racecourse. After arriving at Ludlow the horse was scanned into the stable yard, during which the Equine Welfare and Integrity Officer noticed a substance around SUBWAY SURF (IRE)’s mouth and the Veterinary Officer was informed. Following the report, a bag and lorry search was carried out and two unlabelled 50ml syringes containing an unidentifiable brown liquid were found. One syringe was full, the other was empty, but with the brown liquid residue still within. His representative explained to the Veterinary Officer that she had witnessed the horse being administered one of the syringes by one of the Head Lads either before or as the horse was being loaded to travel on the morning of the race. Furthermore, she explained that the substance was ‘Pullman Pro’ and the horse was due to be administered the second syringe after the race.

The Stewards could not be satisfied that SUBWAY SURF (IRE) had been administered only normal feed and water on the day of the race and ordered the horse to be withdrawn and sampled. The syringes were confiscated and sent for testing. SUBWAY SURF (IRE)’s sample result was reported as negative. However, the substance within the syringe was reported to have screening findings for multiple prohibited substances. Although the analysis of the two dosing syringes showed the presence of numerous screening finding for prohibited substances, SUBWAY SURF (IRE)’s sample was reported as negative and therefore an Anti-Doping violation has not been committed. However, by administering a substance which was not normal feed and water on the day to SUBWAY SURF (IRE), he is in breach of Rule (D)11.

Notes to Editors

1. Fast-tracked cases are heard by the Judicial Panel Chairman, His Honour Brian Barker C.B.E. QC. More information about the fast-track system can be found here.

2. Due to the current situation and resulting difficulties arising from the corona virus, temporary changes have been made to how the Judicial Panel operates. Initial changes can be seen in a statement here issued on 1 April, with a further operational update issued on 1 June 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 Secretary.