Disciplinary Panel’s full written reasons regarding David M Greenwood, Michael Stainton, Claire Murray, Kevin Ackerman and Kenneth Mackay
The Disciplinary Panel's full written reasons from this case are set out below. A penalties hearing is being held at 10am on Monday 12 October to consider and set out penalties. Written reasons for penalties will then follow in due course.
1. On 1 July 2015, the Disciplinary Panel of the British Horseracing Authority (BHA) began the hearing of an enquiry into allegations of corruption against five individuals that concerned seven races in which AD VITAM (IRE) participated between November 2011 and March 2012. The races in question are identified in the Notes to these Reasons. The hearing lasted six days, following which the Panel considered its decision which is now set out below.
The Charges
2. David Greenwood, a professional gambler and the owner of AD VITAM (IRE) between March 2011 and at least June 2012, was alleged to be the principal mover in a conspiracy with the other four to run the horse other than on its merits for lay betting purposes, contrary to Rule (A)41. He was also said to have given improper riding instructions – i.e. instructions which could or would prevent the horse from achieving its best possible placing – to Michael Stainton and Claire Murray, the jockeys, in the first six of the races, in breach of Rule (B)58.2. Thirdly, he was alleged to be in breach of Rule (A)36, which outlaws the giving of inside information to others for reward. Finally, he was said to be in breach of Rule (A)50.2 in that he did not supply his telephone billing records to the BHA and did not agree to attend an interview by BHA investigators looking into this and other matters.
3. Stainton was said to have conspired, contrary to Rule (A)41, with Mr Greenwood to ride the horse otherwise than on its merits in races 1, 4, 5 and 6, and actually to have done so in races 1 and 5. In respect of races 1 and 5, he was therefore also alleged to be in breach of Rule (B) 58.1.
4. Murray faced similar charges. She was alleged to have conspired with Mr Greenwood to ride AD VITAM (IRE) otherwise than on its merits in races 2 and 3, and actually to have done so in those races. Again, she was alleged to be in breach of Rule (B)58.1 in respect of those rides.
5. Kevin Ackerman was the fourth alleged conspirator. He was said to have acted in breach of Rule (A)41 by obtaining and using inside information from Mr Greenwood about AD VITAM (IRE) when placing the lay bets against that horse in some of the races. He faced a second allegation of breach of Rule (A)37 – that he provided reward to Mr Greenwood for inside information supplied to him.
6. Finally, Kenneth Mackay was said to have been another conspirator, in breach of Rule (A)41, who obtained and used inside information from Mr Greenwood about AD VITAM (IRE) when placing the lay bets against that horse. Like Mr Ackerman, he was also alleged to be in breach of Rule (A)37 by providing reward to Mr Greenwood for the inside information supplied to him.
