Result of an enquiry (Clancy) and an appeal (Harris) heard by the Disciplinary Panel on Thursday 17 September
Press Release
17 September 2015
Shane Clancy
The Disciplinary Panel of the British Horseracing Authority (BHA) held an enquiry on Thursday 17 September 2015 to consider whether or not Shane Clancy, a stable employee registered with the Irish Turf Club (ITC) at the time of the alleged breach, has committed a breach of Rule (A)40 of the Rules of Racing in that on 9 March 2015 he committed a serious assault, namely Actual Bodily Harm, against another stable employee whilst present on Cheltenham Racecourse for the Cheltenham Festival, for which he was subsequently convicted and sentenced at Cheltenham Magistrates’ Court on 10 March 2015.
The Panel noted that Mr Clancy had been employed at the time by ITC licensed trainer Michael ‘Mouse’ Morris. Mr Morris had arrived in England on 8 March 2015 as he had a horse, namely DROMNEA (IRE) entered to run in the Chaps Restaurants Barbados Novices’ Handicap Steeple Chase at Cheltenham on 10 March 2015.
Mr Clancy had accompanied Mr Morris as his Stable Lad and had been staying at the Hunters Lodge accommodation on Cheltenham Racecourse with other stable staff present for the Cheltenham Festival. The Hunters Lodge was not open to members of the public. Pursuant to Rule (A)2, as an employee of Mr Morris, who was present at Cheltenham Racecourse as the trainer of a horse entered to run under the Rules, Mr Clancy had been bound by the Rules of Racing at all material times.
In the early hours of the morning on 9 March 2015, there had been serious incident at the Hunters Lodge involving Mr Clancy and David Porter, a stable employee of ITC licensed trainer Willie Mullins. Mr Clancy had assaulted Mr Porter by smashing a glass bottle to his head, causing significant injuries, including cuts to his arm, face and neck that had resulted in Mr Porter receiving hospital treatment of stitches to his wounds.
Racecourse Security Staff and Police had been called and Mr Clancy was arrested and taken into police custody. He had been charged with Actual Bodily Harm contrary to section 47 of the Offences Against the Person Act 1861 and remanded to appear at Cheltenham Magistrates’ Court on 10 March 2015. He had subsequently been convicted and the Magistrates had imposed a custodial sentence of 18 weeks which had been suspended for two years.
The Panel also noted that upon hearing of Mr Clancy’s involvement in the incident, Mr Morris had contacted the ITC and requested that Mr Clancy be removed from the register as his employee. Mr Clancy no longer is a registered stable employee of a trainer in Ireland.
The Panel, in his absence, accepted an admission from Mr Clancy that he was in breach of Rule (A)40 in that he had been convicted of a serious criminal offence which had occurred on the racecourse, where Mr Clancy was present in connection with his duties as a stable employee.
The Panel declared Mr Clancy to be an excluded person for a period of three years from 17 September 2015 to 16 September 2018 inclusive.
In arriving at this penalty the Panel took into account that:-
- The offence was unprovoked, whilst Mr Clancy was intoxicated in the presence of other stable staff;
- The weapon used was a glass bottle which caused significant injury which needed hospital treatment; and
- The Magistrates’ Court imposed a custodial sentence of 18 weeks, suspended for two years, which demonstrated the seriousness of this offence.
Shaun Harris
The Disciplinary Panel of the BHA on Thursday 17 September 2015 considered an appeal lodged by Shaun Harris, the trainer of FIRST SUMMER, against the decision of the Kempton Stewards on 9 September 2015 to find Harris in breach of Rule (C)45.4 of the Rules of Racing and fine him £3,000, and to suspend FIRST SUMMER from running for 40 days, in that he was guilty of conditioning the gelding. Jordan Nason, the rider of FIRST SUMMER did not appeal the decision to find him in breach of Rule (B)59.2 and to suspend him from riding for 14 days.
As always, the Disciplinary Panel approached this appeal as a re-hearing.
The Panel dismissed the appeal, finding Harris in breach of Rule (C)45.4 and fined him £3,000. The Panel confirmed the 40 day suspension of the horse. Full written reasons to follow in due course.
