Spencer Moon
BHA finds that Spencer Moon had a prohibited substance administered, and the Owner, Mr Kevin Salter, was liable since he is responsible for delegation of his responsibilities to the Keeper, Kieran Price. Therefore, Spencer Moon is disqualified from the 1530 Men's Open at Llangeinor Pentyrch point to point at Pyle on 21st April 2018 where he was first past the post. The new result will be:
1. Kinari (ridden by James King)
2. Mr Burgess (ridden by Geoff Barford-Saunt)
Only 2 finished.
The full Conclusion of the Disciplinary Panel is as follows:
34. I am satisfied on the evidence that the analysis is reliable. As Regulation 45 imposes, and is intended to impose, an absolute and strict liability on the owner to ensure that prohibitive substances are not administered by anyone, Mr Salter is liable for the activities in the Prices' yard. This applies even though he does not oversee matters or attend regularly. Mr Salter is responsible for delegating his responsibilities as owner to a responsible third party and to ensure that they take all reasonable precautions to ensure compliance with the Regulations. Mr Salter has failed to do so and remains ultimately culpable for the action or one or both of the Prices'
35. Although I accept that the substance was not administered intentionally, looking at the overall picture the procedures in the yard, as well as the turning out, were insufficiently rigorous or thought through, leading to contamination. It is also significant that within a two-week span, a second horse from the yard, LEAGUE OF HIS OWN, also testing positive for the same substance. A fine is inevitable.
36. I have considered both aggravating and mitigating features and given the circumstances, age of the matter and these difficult times, am able to take a somewhat lenient view. The financial penalty will be one of £100 to be paid within six months.
37. Disqualification under Regulation 150 automatically flows and such prize money that was received must be returned and redistributed appropriately.
The full investigation and Judicial Panel findings can be viewed here.
League Of His Own
BHA finds that League Of His Own had a prohibited substance administered, and the Owner, Luke Price, was liable since he is both responsible for delegation of his responsibilities to the trainer, his father Kieran Price, and was present in the yard for much of the time. Therefore League Of His Own is disqualified from the 1435 Confined at Tredegar Farmers Point to Point at Lower Machen on 13th May 2018 where he was first past the post. The new result will be:
1. Minella Arts (ridden by James King)
2. Desert Roe (ridden by Jack Tudor)
Only 2 finished
The full Conclusion of the Disciplinary Panel is as follows:
25. It is apparent that some medicinal practices in the yard were open to problems and criticism. Better record keeping ensures tracing and compliance keeping, and better precautions avoid the sort of preventable cross-contamination that appears to have occurred in these cases.
26. It is the responsibility of the owner to ensure that clear risk is eliminated and in this case the contamination means that Luke Price has failed to take all reasonable precautions to avoid a breach of Regulation 45 either by way of his own care for LEAGUE OF HIS OWN, and/or by failing to delegate the care to a sufficiently responsible third party. Given that SPENCER MOON had tested positive, the need for a B sample on LEAGUE OF HIS OWN was given insufficient thought.
27. I have considered both the aggravating and mitigating features in this case and taken into account the overall picture which included the application from the BHA for Mr Price to bear the £500 cost for the second sample, the age of the case and the present prevailing circumstances. The financial penalty for the breach of Regulation 45 is £150, and further in my discretion Mr Price must pay £250 towards the cost of the B sample; these sums to be payable within six months.
28. LEAGUE OF HIS OWN should be disqualified from the respective race under Regulation 150 and such prize money that was received must be returned and redistributed appropriately.
The full investigation and Judicial Panel findings can be viewed here.