The Disciplinary Panel of the British Horseracing Authority (BHA) on 15th November 2012, held an enquiry to establish whether or not Barry McHugh, the rider of NANT SAESON (IRE), placed second, had committed a breach of Schedule (B)6 Part 2 of the Rules of Racing concerning his use of the whip when riding in the Hold Your Christmas Party Here Selling Stakes at Redcar on 6th November 2012. The matter was referred to the BHA by the Redcar Stewards following an enquiry on the same day because this was McHugh’s fifth offence of improper use of the whip in the last six months, warranting a suspension of between two to six days.
The Panel heard submissions, in Mr McHugh’s absence, from his legal representative and viewed recordings of the race.
The Panel found that McHugh was in breach of Schedule (B)6 Part 2 in that he had used his whip above the permitted level. It considered that the breach would have warranted a suspension of two days.
Taking into account that this was McHugh’s fifth such offence since 8th May 2012, it suspended him from riding for 15 days. The suspension will run from Friday 23rd November to Monday 10th December 2012 inclusive on days on which flat racing is scheduled to take place.
Hamilton Park Racecourse
The Disciplinary Panel of the BHA on 15th November 2012 held an enquiry to consider whether or not the Managing Executive of Hamilton Park Racecourse, had committed breaches of Rule (F)15.2.3 of the Rules of Racing, in the light of BHA General Instructions 11.1 and 11.2 , headed “Requirements for the Provision of Racecourse Medical Services” and “Responsibilities of Racecourse Medical Officers (RMO) and Other Medical Staff”, in that at its medical inspection prior to and during racing on 23rd September 2012 the following deficiencies were identified:
1. BHAGI 11.1 (para 2(f)) – that the nurse on duty was not familiar with all the equipment and supplies in the Jockeys’ Medical Room (JMR);
2. BHAGI 11.1 (para 15) – that the nurse on duty failed to check that all the equipment and supplies required in the JMR were present and correct, as required by the racecourse’s Standing Orders (para 8), resulting in her inability to locate some items and racing taking place when two items were out-of-date;
3. Annex B to BHAGI 11.2 – the nominated representative of the Managing Executive (following consultation with the Senior RMO) confirmed to the Stewards that all medical arrangements complied with the requirements of BHAGI 11, when the nurse was unfamiliar with the equipment and supplies in the JMR and two items were out-of-date;
4. BHAGI 11.2 (para 4(d)) – the Senior RMO failed to ensure that for the last race (5.20p.m.) there was an RMO deployed in or adjacent to the Parade Ring.
The Panel heard evidence on behalf of the Executive from Hazel Peplinski, Racing Manager and Clerk of the Course.
The Panel accepted an admission from the Executive that it was in breach of Rule (F)15.2.3 in respect of charges 1 to 3. It found the Executive to be in breach of charge 4 in that for races starting in the home straight the same RMO was responsible for both the Parade Ring and the start, but in doing so was unable to remain in the Parade Ring until all the riders had mounted and left.
The Panel noted that in arriving late, through no fault of her own, the nurse had not carried out the necessary checks required by the Standing Orders. This resulted in the two out of date items not being identified and replaced from the spare stock carried by the SMRO and her inability to find some of the equipment and medical supplies during the course of the inspection.
It also noted that the Executive had subsequently reviewed its Standing Orders and put in place procedures to ensure future compliance with BHAGIs.
The Panel was of the opinion that until such time as the SMRO had checked with the nurse that she had carried out all of the checks required by the Standing Orders, he should have not confirmed that the raceday medical arrangements met BHAGI 11.
The Panel fined the Executive £6,000.
The Disciplinary Panel of the BHA held an enquiry on 15th November 2012 into a report that COPPER FALLS, trained by Brendan Powell, had failed to jump out of the stalls and refused to race in the Bet Toteplacepot Text Tote To 89660 Classified Stakes at Wolverhampton on 26th October 2012. The matter was referred to the BHA by the Wolverhampton Stewards following their enquiry of the same day because this was the third occasion on which the filly had refused to race in the last 12 months, and that on one further occasion the filly had also been reported by the rider as reluctant to leave the stalls.
Having considered the evidence, including a written statement from Powell, and noting that the filly’s failure to race related to a reluctance or failure to leave the stalls, and that the filly had won in Jersey in a race not started from stalls, the Panel declared that with immediate effect no further entries would be accepted for Flat races started from stalls.
Notes to Editors:
The Panel for the Barry McHugh hearing was: Patrick Hibbert-Foy (Chair), William Barlow & Didi Powles.
The Panel for the remaining hearings was: Patrick Hibbert-Foy (Chair), Nicky Vigors and Didi Powles.