RESULT OF AN ENQUIRY HELD BY THE DISCIPLINARY PANEL ON THURSDAY 20TH DECEMBER 2007
Eddie Ahern
The Disciplinary Panel of the British Horseracing Authority on 20th December 2007, held an enquiry to establish whether or not Eddie Ahern, the rider of MARSAM (IRE), placed second, had committed a breach of Rule 153 (iii) of the Rules of Racing, in the light of Instruction H9 headed ‘Use of the Whip,’ concerning his use of the whip when riding in the Buy Tickets On-line Handicap Stakes at Southwell on 12th December 2007. This matter was referred to the BHA by the Southwell Stewards following their enquiry on the day as Ahern had already been suspended for 33 days for misuse of the whip during the previous 12 months. In addition the Panel was also asked by the BHA to consider whether or not Ahern had committed a breach of Rule 220 (iii) of the Rules of Racing with regard to the above ride. The gist of this last allegation was that Ahern’s use of the whip when riding MARSAM (IRE) was premeditated conduct designed to ensure that he received a “totting up” penalty at this time of year rather than during the potentially more lucrative Flat Season.
The Panel heard evidence form Ahern, who was legally represented, and also viewed video recordings of the race, as well as a video of his ride in the first race of the day at Southwell, when he received a caution for misuse of the whip.
Before the Panel, Ahern admitted that he was in breach of Rule 153 (iii), and guilty of improper riding, in all respects found by the Southwell Stewards on 12th December – namely that he used his whip with excessive frequency and excessive force, that he hit the gelding in the incorrect place and that he caused it to weal.
Having viewed the race, and having considered the record of veterinary evidence and photographs taken by Anthony Stirk, the Veterinary Officer, the Panel regarded Ahern’s admission as inevitable. The gelding was wealed on both left and right flanks (where, as Ahern knew, he should not have hit the horse at all) as well as on both quarters. Ahern hit MARSAM (IRE) 20 times in the last 2 furlongs and most of those hits were delivered with excessive force. It was a shameful exhibition of riding, and Ahern was right to feel uncomfortable at having to view the videos of his ride.
How did such an experienced jockey come to behave in this way? Was it a misguided action borne of his determination to win (Ahern’s case) or was it designed to trigger the beginning of a “totting up” penalty that he knew was hanging over him at a convenient time of year (the BHA’s case)?
There were a number of striking features of this case which persuaded the Panel that Ahern was indeed engaged in an exercise to bring on his “totting up” period of suspension and was therefore in breach of Rule 220 (iii). He abused MARSAM (IRE) by his grossly excessive use of force for his own disciplinary convenience, and that conduct is highly prejudicial to the proper conduct and good reputation of horseracing.
Ahern rode MARSAM (IRE) in the third race at Southwell on 12th December. His previous ride (in the first race) had also led to a Stewards’ Enquiry, when he admitted using his whip with excessive frequency and perhaps to his surprise was only given a caution. A caution was not enough to trigger the “totting up” procedure. Furthermore, on 14th December, he was due to start an 11-day suspension for whip abuse. This had been imposed by the Disciplinary Panel on 6th December, on a referral from the Kempton Stewards. On that occasion, Ahern was formally admonished by the Chairman of the Disciplinary Panel about his very bad ride at Kempton. He had also collected a total of 33 days of suspensions (including the 11 days imposed on 6th December) for such offences since 22nd May 2007.
Ahern denied that his use of the whip was calculated. He pointed to the fact that he is at least as keen to ride during the Winter Flat Season as he was during the Flat Season. He is in the lead for the Winter Flat Championship and finds that he gets a better pick of the rides during the Winter Flat Season than he gets during the main part of the Flat Season. He explained his ride by referring to his instructions from the trainer, Mick Quinlan, to give a strong ride, and said that the warnings about his use of the whip had gone clean out of his mind because of his keenness to win in a tight finish. He expressed sorrow for his ride (as he had on 6th December), but said he was in the grip of “tunnel vision”.
This Panel found that explanation to be incredible. Ahern is a very experienced jockey and fully understood the warning received on 6th December as well as the renewed message about misuse of the whip that came from his caution less than an hour before the MARSAM (IRE) race. The notion that he was not aware of this in a relatively small Southwell race, and lost his composure in a tight finish did not wash. He began his excessive use of the whip over 2 furlongs out, and continued to the winning post.
Though Ahern had expressed his desire to win the Winter Flat Season Jockeys’ Championship in an interview on 28th November, his circumstances were changed by the time of the Southwell race on 12th December. He was about to begin his 11-day suspension for whip abuse at Kempton on 14th December, and that was due to be followed by 7 days for careless riding, which would keep him off the racecourse until 4th January 2008. So his ambitions for the Winter Flat Season Championship were reduced by the time of his Southwell race.
While the Panel accepted the point that Ahern is a regular during the Winter Flat Season, and that it is important for his income, it nevertheless concluded that it was Ahern’s real intention on 12th December to get all his suspensions (active and likely to be imposed) out of the way as soon as possible. It was a “slate cleaning” exercise on his part, to try to get his “totting up” penalty to run in January after his existing suspensions.
If this had been an isolated case of a breach of Instruction H9 on its own, the penalty imposed would have been 24 days, using the appropriate guidelines. To that would have been added a “totting up” penalty at the outer end of the range recommended, that is 28 days, because of the frequency of the offences, their seriousness and the persistent failure to heed highly specific warnings just before the Southwell breach.
But the breach of Rule 220 (iii) takes the case into a more serious bracket. The recommended entry point is a suspension of 3 months or a fine of £2000. The Panel decided to impose a global suspension for all breaches of 3 months to run from 4th January to 3rd April 2008 inclusive. It is unacceptable that any jockey should commit an offence deliberately to trigger a “totting up” penalty at a particular time, and no doubt the BHA will continue to monitor carefully the circumstances in which any jockey becomes liable to such a penalty. In this case it was particularly unacceptable that Ahern chose to embark on his disciplinary “slate cleaning” by his maltreatment of MARSAM (IRE).
20th December 2007
Notes for Editors:
1. The Panel for the enquiry was: Christopher Rathcreedan (Chairman), Tim Charlton QC and Diana Powles.
2. Rule 220(iii) states: “No person shall act in a manner which in the opinion of the HRA is prejudicial to the integrity, proper conduct or good reputation of horseracing in Great Britain whether or not such conduct shall constitute a breach of any of the foregoing Orders or Rules of Racing.”
Eddie Ahern
The Disciplinary Panel of the British Horseracing Authority on 20th December 2007, held an enquiry to establish whether or not Eddie Ahern, the rider of MARSAM (IRE), placed second, had committed a breach of Rule 153 (iii) of the Rules of Racing, in the light of Instruction H9 headed ‘Use of the Whip,’ concerning his use of the whip when riding in the Buy Tickets On-line Handicap Stakes at Southwell on 12th December 2007. This matter was referred to the BHA by the Southwell Stewards following their enquiry on the day as Ahern had already been suspended for 33 days for misuse of the whip during the previous 12 months. In addition the Panel was also asked by the BHA to consider whether or not Ahern had committed a breach of Rule 220 (iii) of the Rules of Racing with regard to the above ride. The gist of this last allegation was that Ahern’s use of the whip when riding MARSAM (IRE) was premeditated conduct designed to ensure that he received a “totting up” penalty at this time of year rather than during the potentially more lucrative Flat Season.
The Panel heard evidence form Ahern, who was legally represented, and also viewed video recordings of the race, as well as a video of his ride in the first race of the day at Southwell, when he received a caution for misuse of the whip.
Before the Panel, Ahern admitted that he was in breach of Rule 153 (iii), and guilty of improper riding, in all respects found by the Southwell Stewards on 12th December – namely that he used his whip with excessive frequency and excessive force, that he hit the gelding in the incorrect place and that he caused it to weal.
Having viewed the race, and having considered the record of veterinary evidence and photographs taken by Anthony Stirk, the Veterinary Officer, the Panel regarded Ahern’s admission as inevitable. The gelding was wealed on both left and right flanks (where, as Ahern knew, he should not have hit the horse at all) as well as on both quarters. Ahern hit MARSAM (IRE) 20 times in the last 2 furlongs and most of those hits were delivered with excessive force. It was a shameful exhibition of riding, and Ahern was right to feel uncomfortable at having to view the videos of his ride.
How did such an experienced jockey come to behave in this way? Was it a misguided action borne of his determination to win (Ahern’s case) or was it designed to trigger the beginning of a “totting up” penalty that he knew was hanging over him at a convenient time of year (the BHA’s case)?
There were a number of striking features of this case which persuaded the Panel that Ahern was indeed engaged in an exercise to bring on his “totting up” period of suspension and was therefore in breach of Rule 220 (iii). He abused MARSAM (IRE) by his grossly excessive use of force for his own disciplinary convenience, and that conduct is highly prejudicial to the proper conduct and good reputation of horseracing.
Ahern rode MARSAM (IRE) in the third race at Southwell on 12th December. His previous ride (in the first race) had also led to a Stewards’ Enquiry, when he admitted using his whip with excessive frequency and perhaps to his surprise was only given a caution. A caution was not enough to trigger the “totting up” procedure. Furthermore, on 14th December, he was due to start an 11-day suspension for whip abuse. This had been imposed by the Disciplinary Panel on 6th December, on a referral from the Kempton Stewards. On that occasion, Ahern was formally admonished by the Chairman of the Disciplinary Panel about his very bad ride at Kempton. He had also collected a total of 33 days of suspensions (including the 11 days imposed on 6th December) for such offences since 22nd May 2007.
Ahern denied that his use of the whip was calculated. He pointed to the fact that he is at least as keen to ride during the Winter Flat Season as he was during the Flat Season. He is in the lead for the Winter Flat Championship and finds that he gets a better pick of the rides during the Winter Flat Season than he gets during the main part of the Flat Season. He explained his ride by referring to his instructions from the trainer, Mick Quinlan, to give a strong ride, and said that the warnings about his use of the whip had gone clean out of his mind because of his keenness to win in a tight finish. He expressed sorrow for his ride (as he had on 6th December), but said he was in the grip of “tunnel vision”.
This Panel found that explanation to be incredible. Ahern is a very experienced jockey and fully understood the warning received on 6th December as well as the renewed message about misuse of the whip that came from his caution less than an hour before the MARSAM (IRE) race. The notion that he was not aware of this in a relatively small Southwell race, and lost his composure in a tight finish did not wash. He began his excessive use of the whip over 2 furlongs out, and continued to the winning post.
Though Ahern had expressed his desire to win the Winter Flat Season Jockeys’ Championship in an interview on 28th November, his circumstances were changed by the time of the Southwell race on 12th December. He was about to begin his 11-day suspension for whip abuse at Kempton on 14th December, and that was due to be followed by 7 days for careless riding, which would keep him off the racecourse until 4th January 2008. So his ambitions for the Winter Flat Season Championship were reduced by the time of his Southwell race.
While the Panel accepted the point that Ahern is a regular during the Winter Flat Season, and that it is important for his income, it nevertheless concluded that it was Ahern’s real intention on 12th December to get all his suspensions (active and likely to be imposed) out of the way as soon as possible. It was a “slate cleaning” exercise on his part, to try to get his “totting up” penalty to run in January after his existing suspensions.
If this had been an isolated case of a breach of Instruction H9 on its own, the penalty imposed would have been 24 days, using the appropriate guidelines. To that would have been added a “totting up” penalty at the outer end of the range recommended, that is 28 days, because of the frequency of the offences, their seriousness and the persistent failure to heed highly specific warnings just before the Southwell breach.
But the breach of Rule 220 (iii) takes the case into a more serious bracket. The recommended entry point is a suspension of 3 months or a fine of £2000. The Panel decided to impose a global suspension for all breaches of 3 months to run from 4th January to 3rd April 2008 inclusive. It is unacceptable that any jockey should commit an offence deliberately to trigger a “totting up” penalty at a particular time, and no doubt the BHA will continue to monitor carefully the circumstances in which any jockey becomes liable to such a penalty. In this case it was particularly unacceptable that Ahern chose to embark on his disciplinary “slate cleaning” by his maltreatment of MARSAM (IRE).
20th December 2007
Notes for Editors:
1. The Panel for the enquiry was: Christopher Rathcreedan (Chairman), Tim Charlton QC and Diana Powles.
2. Rule 220(iii) states: “No person shall act in a manner which in the opinion of the HRA is prejudicial to the integrity, proper conduct or good reputation of horseracing in Great Britain whether or not such conduct shall constitute a breach of any of the foregoing Orders or Rules of Racing.”
