SPORT 123 (3RD^ND NOVEMBER 2021)

I cannot resist the temptation to make use – in a good cause – of a wonderful bit of writing by the Racing Post’s Chris Cook. It is a vital bit of evidence about the critical situation in which the BHA’s Interference rules find themselves. As follows:

John Berry (trainer of a horse named Dereham) lost his appeal regarding a recent race at Pontefract in which Dereham suffered interference from the Kevin Stott-ridden winner, Wynford, in the closing stages.

An Independent Disciplinary panel concluded that Stott was not guilty of Dangerous Riding and that the evidence did not justify amending the placings (which a verdict of Dangerous Riding would have necessitated.)

Berry, who presented his own case, began by saying he would have been satisfied if he felt the raceday stewards had given due consideration to whether the placings should be altered, or not. Instead, a quick decision was made that no in-depth inquiry was needed as to the placings, and Stott was suspended for three days for Careless Riding.

In Berry’s view, this was a consequence of the pressure under which stewards are obliged to operate. “The unwritten rule of raceday stewarding is that the next race must not start late,” he told the panel. “That appears to be the most important rule of the day. It just puts everyone under pressure. You’re rushing and when you’re rushing, you make mistakes. The stewards are having to spread themselves very thin.

“It’s 12 years since there’s been a Dangerous Riding charge upheld. I don’t think anyone believes there hasn’t been any dangerous riding in Britain in the last 12 years. You’d be living in cloud cuckoo land if you thought that.

“I actually think they’re two very good stewards,” Berry continued, “but I feel they felt themselves under pressure to wrap it up as quickly as possible. It clearly needed looking at. I think everyone would agree that it (the whole subject) needs looking at.”

*

        Delivering the verdict, the Disciplinary Panel chairman, James O’Mahony, said: “Mr Berry has made a number of good points. He is to be congratulated on the presentation of his case but I’m afraid we find against his submissions. As ever the video footage is the most eloquent evidence that one can see in situations of this kind.”

O’Mahony said Stott’s riding, while falling within the definition of careless, “did not fall far below the standard of the competent rider”, (which would be required to justify a finding of Dangerous Riding). He suggested the (racecourse) stewards could have been more clear about their reasons for not holding an inquiry into the placings, although he added this was not intended as a criticism of their work.

Berry (I paraphrase) said there was an obvious risk in Stott switching his whip to his left hand at a time when Dereham was on his right, between Wynford and the rail.

Stott said Wynford had not moved away from the whip at any point during the race and therefore he could not have foreseen that his mount would do so after he switched the whip to his left hand.

Countering that, Berry argued Wynford had been moving to his right even while Stott was using the whip in his right hand (which would suggest he was trying to limit the sideways drift).

“Common sense says, if you hit him with your left hand (which would normally be done to encourage the drift to the right), he may continue moving right,” Berry said. “If he goes right again, he will squeeze the other horse badly onto the rails. Faye McManoman [riding Dereham] wouldn’t back out of a gap unless safety dictated she must. Some jockeys would, but she wouldn’t. She was in a very dangerous situation there.”*

My opinion?

If Stott is as competent a rider as the Panel decided, the change of whip hand would normally be interpreted as an attempt to achieve something that would reduce Dereham’s chances of winning. If that were so, I suspect that the Panel’s decision might have been wrong. Fear not, I am still convinced that the Independent Judiciary is by far the best thing that has happened to British Racing in 40 years, and it is allowed to make the odd mistake, if indeed this was a mistake. I had no idea that no Dangerous Riding charge has been upheld in the last 12 years. I am indebted to John Berry for educating me.

“I actually think they’re two very good stewards,” he said, “but I feel they felt themselves under pressure to wrap it up as quickly as possible.”

        That’s the key, in my opinion. The pressure is created, not by the racecourse stewards themselves, but by those who drive them. Over the last twelve years or so there has been a lot of it about, and it needs to be knocked on the head.

First, certain elements near the top of the BHA wanted every disciplinary hearing to be a walk-over for the prosecution (the BHA). Happily commonsense prevailed and the Independent Judiciary was created by ex-Chief Executive Nick Rust.  Justice was back, but guess what? Within two years certain parties have already started complaining that justice is really too much of a good thing. But that’s another can of worms.

Let us concentrate on one thing at a time. The Interference rules are a small and smelly mess, and I suspect that the present version reflects the prejudice (at least in part) of the Regulator who was strutting his stuff when they were last updated.

A Regulator is charged with overseeing the implementation of rules, but should not be tasked with writing them. That job must be done by someone who knows all about the principles of justice and the peculiarities of the racing world. Mr Christopher Quinlan QC, who designed British Racing’s magnificent Independent Judiciary, is just such a man. In the unlikely eventuality that he needs help, I would be delighted to lend a hand. But something needs to be done – soon.

 

FRODON (which I misspelt on Saturday – left out the final N)

I have never seen a better three mile chase than that which was produced by Frodon and Bryony Frost in Ireland. They made the pace too hot to handle, not just for the opposition, but for all concerned including themselves, and this was the first time that we have seen the partnership galloping and jumping under huge pressure from start to finish and they still never made a serious mistake.

It was a joy to watch, and it was a joy to listen to Bryony’s post-race tribute to Paul Nicholls. “It’s a testimony to Paul. To have a horse like this, to come out every season with the same enthusiasm again and again, is exactly what he is the master of. He contains their enthusiasm, he makes them bubble at home and brings them to the track feeling a million dollars, and they can over-achieve every time. It’s so cool to be a jockey to add to his record in this race.”

Your average trainer doesn’t understand that formula. As soon as a horse shows a bit of talent, he wants to run it again, and again and again…. So sad……

So what am I saying? I am saying that Mr Nicholls is a master of the art of training, and that Miss Frost has a huge brain and a wonderful gift of the gab. Did you notice her reference to the number of fences at that track which have no rails on the take-off side – thus allowing horses to consider running out? That young woman misses nothing! When she starts training, Paul may have to watch out, and I am sure he will help her every step of the way. As for FRODO(N), no words of mine can convey my admiration. I am speechless.

Best wishes,

 

Donec

 

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