Disciplinary Panel’s written reasons regarding a successful appeal against the reversal of placings in the Ladbrokes St Leger
Press Release
1. On 23 September 2015, the Disciplinary Panel of the British Horseracing Authority (BHA) heard an appeal against the decision by the Doncaster Stewards to reverse the placings of the first and second horses in the Ladbrokes St Leger Stakes. Following an enquiry on the day of the race, 12 September 2015, they determined that the first horse home, SIMPLE VERSE (IRE), ridden by Andrea Atzeni, had twice interfered with the second placed horse, BONDI BEACH (IRE), ridden by Colm O’Donoghue, during the last two furlongs of the race. The Doncaster Stewards further decided that these two incidents had combined to improve the placing of SIMPLE VERSE (IRE), so they demoted SIMPLE VERSE (IRE) to second and placed BONDI BEACH (IRE) first.
2. The connections of SIMPLE VERSE (IRE) appealed against that decision. They were represented at the hearing by Graeme McPherson QC, instructed by Andrew Chalk of Withy King. The connections of BONDI BEACH (IRE) also appeared at the hearing. They were represented by John Kelsey-Fry QC, instructed by Kevin Power of Maurice Power Solicitors. The BHA's case was presented by Lyn Williams.
3. The hearing before this Panel operated, as always, as a re-hearing. This means that it fell to be decided in the light of the evidence and arguments presented at this appeal. It also means that this Panel did not apply any presumption in favour of the decision reached by the Doncaster Stewards, though of course evidence presented before the Doncaster Stewards could in principle be relevant: it was available, as is usual, in the form of a transcript of the enquiry they held. It is worth noting one further consequence of the appeal being conducted as a re-hearing, which is a feature of all appeals against decisions to alter placings. SIMPLE VERSE (IRE) undeniably finished first in the race, beating BONDI BEACH (IRE) by a head. That order could only be upset if the Panel was persuaded that interference by SIMPLE VERSE (IRE) with BONDI BEACH (IRE) was the reason why SIMPLE VERSE (IRE) finished first. The task of the Panel was to decide that issue on the balance of probabilities.
The Rules and the guidance
4. As this appeal concerned one of the major races of the year, which attracts a wide public interest, the Panel sets out below the Rules that are relevant for this appeal as well as the material notes set out in the Guide to Procedures and Penalties to help Stewards (and this Panel) to decide the placings following interference.
5. In cases of careless or improper riding, Rule (B)54.5 provides –
"54.5.1 a horse or its Rider has caused interference by careless or improper riding, and54.5.2 the Stewards are satisfied that the interference improved the placing of the horse in relation to the horse or horses with which it interfered, the horse shall, on an objection by the Stewards...be placed behind the horse or horses with which it interfered.
54.6 For the purposes of Paragraph 54.5.2:
54.6.2 if the Stewards are not satisfied the interference did improve the placing of the horse, they must overrule the objection and order that the placings remain unaltered.
54.7 In deciding whether the Stewards are satisfied that the interference improved the placing of the horse, the Stewards shall make no allowance for any ground which the incident may have cost the horse causing the interference."
6. The same basic regime applies in cases of accidental interference by virtue of Rule (B)55, which says –
“55.1 In any case where interference is caused by accident in any part of the race, the Stewards must apply Rules 54.5 to 54.7 to such interference in order to determine whether to order any alteration as to placings.
55.2 for the purposes of Paragraph 55.1, Rule 54.5.1 shall be read as if, for the reference to interference by careless or improper riding there were substituted a reference to interference by accident."
7. The Guide provides this -
“... There are a series of factors to take into account. The questions...and Guiding Principles...provide a framework within which the Panel work in order to come to their decision. They do not provide the answer but try to ensure that the Panel addresses the correct questions when making a decision.
The Panel should ask themselves the following questions, being mindful of the relevant Guiding Principles:
1. Where did the incident take place in relation to the winning post?
2. How were the horses involved in the interference going at the time of the incident?
3. How serious was the interference ie. how much momentum did the sufferer lose and/or how much ground was lost?
4. If the sufferer had had an uninterrupted run to the line, might it have finished in front of the interferer?
If NO - order placings to remain unaltered
If YES ie there is some doubt - proceed to question 5.
5. How easily did the interferer beat the sufferer?
Having considered those factors relevant to the incident in question, if the Panel is satisfied that on the balance of probabilities the interference did improve the placing of the interferer in relation to the sufferer(s), the placings must be altered. Otherwise, the placings must remain unaltered. Generally speaking, the longer the Panel discusses whether the placings should be altered, the less likely it is that they should be. If the Panel is unable to conclude one way or the other, the result should stand....
GUIDING PRINCIPLES
a) Dangerous Riding - the placing(s) must be altered as the interferer must be disqualified.
b) Careless, Improper or Accidental - if the Panel is satisfied that the interference improved the placing of the horse causing it, the placings must be altered.
c) The benefit of doubt should go to the horse which finished in front.
d) The Panel should have in mind that interference is likely to have impeded the sufferer to some degree and therefore a reversal of placings is more likely to follow where there is only a nose between the horses.
e) The further away from the winning post that the incident occurs, the less likely it is that the result should be changed.
f) The Panel must make allowance for the momentum and ground lost by the sufferer by imagining that it had an uninterrupted run to the line.
g) The Panel must NOT make an allowance for any effect on the horse causing the interference.
h) The Panel must take into account the ease with which the interferer beat the sufferer.
i) If a horse is carried off its intended line, the effect will vary depending on the distance from the winning post.”
8. But as the Guide itself indicates, neither Stewards nor this Panel should get lost in the details of what it says. The core question that they have to answer is that which emerges from Rule (B)54.5 – would the sufferer have beaten the interferer but for the interference?
9. Some matters relevant for this appeal that emerge from the Rules and the guidance should be mentioned.
i) It is necessary to understand the implications of the references to establishing where the interference took place and to it being less likely that a result will be altered the further out that interference occurred (principle (e)). For this Panel, the implications are twofold. Firstly, they recognise that factors other than the interference may explain the eventual finishing positions, especially when interference has occurred some way out from the end of the race. Notably, tactical decisions by the jockeys and their actions after the interference can be an important, perhaps critical, explanation for the result. All sorts of variables unconnected with the interference itself can happen after it. Secondly, and this is a related point, they provide a warning that it can be unwise for Stewards to "over-read" what would have happened in a race after an incident of interference. The longer that remains of a race after an incident, the greater should be the caution in deciding that interference profited the offender. The Panel had to be conscious of these problems given that the first incident of interference relied upon in this appeal happened just about two furlongs from the finish.
ii) Interference which can be seen as deliberate (such as Atzeni's manoeuvre just after the 2 furlong marker) is not treated by the Rules any differently from interference that is a result of an accident or of a jockey's inattention or misjudgement[1]. Even deliberate manoeuvres are treated as falling within the definition of careless riding given in Rule (B)54.1, as they amount to a failure "to take reasonable steps to avoid causing interference". The only question that needs to be answered following incidents of careless riding (which can include a deliberate manoeuvre as described above), incidents of improper riding or simple accidents is whether the resulting interference prevented the sufferer from finishing ahead of the interferer. There is plainly room for argument about whether a deliberate manoeuvre falling short of dangerous riding should be analysed in the same way as misjudgements or accidents, but the Panel must apply the Rules as they stand.
iii) It is sometimes suggested that the fundamental question to be asked is "did the best horse win”? The Panel accepted Mr Kelsey-Fry's submission that that can be misleading. It is potentially a wider and more subjective inquiry than the Rules justify. It is in fact necessary to return always to the question stated by Rule (B)54.5 – are the Stewards satisfied (i.e. is it probable) that interference improved the placing of a horse in relation to another with which it interfered?
iv) The Guiding Principle (c) needs to be properly understood. In this Panel's view, it does no more than refer in different words to the standard of proof which has to be applied. Unless Stewards or Panels conclude that it is probable that interference improved the position of a horse as against the sufferer from the interference, then their actual finishing positions will remain unaltered. It would be wrong to treat Guiding Principle (c) as creating some sort of presumption in favour of the horse which interferes.
[1] This is true for all cases except those which amount to dangerous riding. There are two gateways for a finding of dangerous riding. The first is that the riding involves either deliberate interference with another horse or rider, or riding in a way which is so bad as to amount to creating danger recklessly. The second is that the resulting interference should be "serious", which is taken to mean interference which actually or potentially endangers life or limb of horse or rider. Nobody contended that this happened here. A finding of interference caused by dangerous riding leads to automatic disqualification of the interferer whatever its influence on the outcome of a race – Rule (B)53.3.
