BRITISH RACING REVIEW 2.20 CATTERICK WEDNESDAY DECEMBER 3rd 2008

British Racing Review 2.20 Catterick Wednesday December 3rd 2008 The Streetlam Mares National Hunt Novices Hurdle (Class 4) 2m3f 8 hurdles 2 omitted in which 15 runners and riders took part, with £3,252.50 to the winner.


NOTE: Novice Hurdler = Beginner, greenhorn, tenderfoot, = Novice Hurdler
NOTE: Licensed Conditional Jump Jockey = Student, learner, undergraduate,
qualifying specialist, pre requisite, qualification procedure,
= Licensed Conditional Jump Jockey.



The true factual perspective within the context of how this particular Novice Hurdle Race did actually pan out to be, does not stack up as deserved of such British regulatory scorn. With punishments out of all proportion, and in no way relevant to the way this race shaped up to be. These British Horseracing Regulation parties (BHA) prove beyond all shadow of doubt that they are unfit to regulate this sport. Not factually correct, way off the pace, the theory of their allegations and punishments dished out, out of tune with the practical skills needed at this level, forcing undeserved punishment through what can best be described as ‘bloodhorse illiteratacy.’


The official stewards at Catterick that day were stated in the Racing Post to be P M L Hibbert-Foy, D A Howle, A R Wood, R P Sandys-Clarke, Mrs E C York, and Mrs C J Mitchell. Stewards secretaries (stipendiaries) R Earnshaw, Mrs J L Williams.
The British Horseracing Regulation Disciplinary Parties in London put on to handle this matter were stated to be: Lord Rathcreedan, Hopper Cavendish, Matthew Lohn, Paul Struthers and Graeme McPherson QC.


The predicament that the professionally licensed British racehorse trainer Ferdy
Murphy, Ewan Whillans, Murphy’s Licensed Conditional Jump Jockey of two seasons standing, the Novice Hurdler Mare Mansonn Leda, and her owners Simon and Mark Hubbard Rodwell’s found themselves to be in after this race as published and clarified in the Racing Post on December the 4th 2008 having to answer to blood horse illiterate parties/armchair jockey’s acting for the BHA devoid of
understanding as to the perspective/context that this race portrayed, where horse and man who work daily at the dangerous sharp end of British horseracing, compete as one, in all preparation for the track and all competition on the track, AS ONE.


DAVID CARR REPORTING FOR THE RACING POST THE NEXT DAY THURSDAY DECEMBER 4th 2008

HEADLINE: “ WHILLANS IN BREACH OF NON- TRIERS.”

“ CONDITIONAL jockey Ewan Whillans was referred to BHA headquarters in Shaftesbury Avenue, London yesterday after being judged to have made insufficient effort on Mansonn Leda, who finished fifth in the mares’ novice hurdle at Catterick.

“The Ferdy Murphy-trained five-year-old, a 33/1 shot, was never near to challenge but kept on well in the latter stages, although she was beaten nearly 40 lengths as victory went to stable companion Elzahann.

“Whillans, a 5lb claimer, appeared to give the five-year-old an “air shot” with his whip and was found in breach of the non-triers’ rule, 157.

“Stewards’ secretary Robert Earnshaw said:’The stewards found that Mr Whillans did not ask for sufficient effort on Mansonn Leda and found him in breach of rule 175, therefore the matter has been referred to the BHA’

“Whillans has had two seasons with Murphy, who admitted: He could have got a position and should have done, but it was just inexperience. He has given her a smack, then he has missed her, he has made an air shot. They(BHA) took a dim view of that, probably rightly so, he added he (Whillans) will learn from it. He is a very good lad, a very good worker and school rider, and he has been riding well on the track. But he has overdone it.” ENDS


In the published extract from a BHA’s disciplinary panel inquiry submitted in mid January 2009 it was found that the BHA were alleging that there were three aggravating features of this race as follows:

1. The concealment involving ‘the air shot.’ TOTAL RUBBISH.
To use a whip professionally whilst not actually hitting the horse is a tactic among tactics often used by top proven professional horsemen to gain the animals attention, to ask the animal to go faster, maybe, to pull out all the stops without actually hurting and punishing the horse by hitting the horse hard with the whip. Horses loose their confidence fast especially those just starting out as novices, if subjected to and continually knocked about and abused by the whip, which more often than not, results in putting a horse off racing completely.


2. The deliberate attempt to mislead that the mare had run on her merits. TOTAL RUBBISH. These BHA regulators sadly remain to choose to be blood horse illiterate, unaware of all the key horsemanship skills to be learned and accurately used if one is to communication truly with each different horse, and vitally needed to compete at this level.. ( eg: See Monty Roberts, Wimbledon Lawn Tennis and calling a cab if unable to drive a car to close)


3. In respect of Murphy, the BHA submitted that the instructions of a conditional jockey (student, learner jump jockey) who was employed by him (Murphy) was a ‘despicable act’ which was further compounded by Murphy distancing himself from
the ride before the stewards.’ TOTAL RUBBISH, INACURATE, OUT OF FACTUAL ORDER, AN OUTCOME BASED ON IMAGINATION AND A VIOLATION OF THE ACTUAL FACTUAL TRUTH Murphy has been tutoring Ewan Whillans daily over two seasons. Murphy did not need therefore to burden Whillans with copious instructions all at the last minute. Murphy could not ride the race for Whillans. Should the BHA be financing Murphy for tutoring Whillans each week? In Turfcall’s opinion yes, and applicable to all others.


BRITISH HORSERACING REGULATION PARTIES INCLUSIVE OF GRAHAM McPHERSON QC ARE NOT BLOODHORSE LITERATE AT THIS LEVEL OF EXPERTIZE.


Paul Struthers in attempting to protect those parties acting for the BHA, the official stewards at Catterick P M L Hibbert-Foy, D A Howle, A R Wood, R P Sandys-Clarke, Mrs E C York, and Mrs C J Mitchell. Stewards secretaries (stipendiaries) R
Earnshaw, Mrs J L Williams. The British Horseracing Regulation Disciplinary Parties in London, Lord Rathcreedan, Hopper Cavendish, Matthew Lohn, Paul Struthers and
Graeme McPherson QC, gives no factual confirmation whatsoever as to their actual proven qualifications? How did they get these positions in the first place? They may well have acted over several years, or even 20 years or more, but it is over several decades that these regulation parties have been failing this sport so badly, especially noticeable in the stewarding, disciplinary and licensing departments.

FACTS REVIEW
The factual perspective within the context of this particular race as follows:
Race conditions for 4yr olds + which have not run in a flat race or more than four National Hunt Flat races. 15 ran. 12 finished. 8 Flights of hurdles 2 omitted (which two we are not told)
7 Conditional jockey/riders took part.
6 runners had no rating at all
5 runners were rated between 44 and 68
4 runners held the highest ratings as follows:

WINNER No: 6. 1-0 Elzahaan 6-10-10 partnered by G.Lee rated 85 last run 12
days. SP 7/2 won easily by 5 lengths.

SECOND No: 12. 0/00-27 Naturally Inspired 5-10-10 partnered by Oliver Williams (7)
rated 61, last run 10 days. SP 25/1. 5 lengths off winner. One pace approaching last.


THIRD No: 1. 4-65P Aint She The Lady 4-10-10 partnered by Keith Mercer, No
Rating. Last run 19 days. SP 33/1. 8 lengths + off winner. Slightly outpaced 6th


FORTH No: 15. 4848-4 SADLERS’ SUPREME 6 10-10 partnered by Denis O’Regan rated 98
last run 18 days. SP 5/1. 12 lengths off winner. Blundered 3 out, blundered last,
weakened flat.


FIFTH No: 10. 4/78- MANSONN LEDA 5 -10-10 partnered by Ewan Whillans (5)
rated 49, last run 226 days. SP 33/1 13+ lengths off the winner. Headway 2 out stayed on well from last.


SIXTH No: 9. 210-03 LETS GO GIRLS 4 -10-10 partnered by P Aspel rated 115
Last run 22 days. SP 11/4 Fav: 14 + lengths off the winner. Every chance approaching 2 out, one paced.


SEVENTH No: 7. 565-6 HAZY OAKS 5 -10-10 partnered by Robert Walford
rated 76 last run 18 days. SP 20/1. 18 lengths off the winner. Mistake 6th and soon lost place, weak.


EIGHTY No: 8. 5809 LA DONNA DEL LARGO 5 -10-10 partnered by Brian Harding. Rated
68,last run 19 days. SP 66/1. beaten 20+ lengths. Slightly hampered 6th gradually weakened 3 out


NINTH No: 13. 5290 ONE MORE GYPSY 4-10-3 partnered by Mr O Greenall (7)
Rated 47 last run 19 days. SP 22/1. 34 lengths off the winner. Slightly hampered 6th and behind after


TENTH NO: 4. 060-8 DON’T TELL LOUISE 5-10-10 partnered by James Reveley (3)
Rated 55 last run 18 days. SP 33/1 38 lengths off the winner,pushed along 3 out, soon outpaced.


ELEVENTH NO:5. 80 DORAFLORA 4-10-10 partnered by J P O’Farrell (3)
Rated 44 last run 19 days. SP 50/1. Beaten 101L off the winner Keen hold, pushed along 6th, weak.


A TOTAL OF ELEVEN RUNNERS FINISHED THE COURSE


FOUR RUNNERS CAME TO GRIEF

BOUGHT DOWN NO: 16. 0-05 SILVER SYD 4-10-10 partnered by Fearghal
Davis (3) not rated, last run 122 days. SP 40/1 behind when brought down 6th hurdle.


BOUGHT DOWN No: 3. 00- BLASKNOCK 6-10-10 partnered by Michael O’Connell (5)
not rated, last run 390 days. SP 40/1 in rear when brought down at the 6th hurdle.

FELL NO: 2 24. BARTON GREY 4-10-10 partnered by Richard McGrath
Not rated, last run 27 days. SP 3/1 held up in touch, headway when fell 6th hurdle


PULLED UP NO: 14. F9 OYASHSHECAN 5-10-10 partnered by Peter Buchanan
Not rated, last run 42 days. SP 100/1. behind when pulled up before 4 out.


Two runners were brought down at the 6th hurdle, 2 of the 8 hurdles were stated to be omitted, but there was no info on which two hurdles. SILVER SYD PARTNERED BY FEARGHAL DAVIS (3) and BLASKNOCK PARTNERED BY MICHAEL O’CONNELL (5lb) There was no stewards inquiry reported as to how both of these horses were brought down, the actual cause …. why was this? An achievement indeed that although Silver Syd and Blasknock were in trouble causing other runners including Whillans and Mansonn Leda distraction, Whillans managed to keep MANSONN LEDA from the melee to finish the course a respectful 5th without punishing her by knocking her about with his whip. Considerable credit indeed is due, to Whillan’s, not harsh inaccurate accusation punishments.

There remains to be a large vital and key area totally ignored by the BHA regulation parties here, who chose to punish Mansonn Leda / Ewan Whillans unjustly, instead of looking in to the reasons why two runners were brought down, and the reasons for several other runners blundering, falling and weakening … pointing to the possibility of runners taking part, not fit enough to run.


THE RACING POST CATTERICK ANALYSIS OF THIS RACE PUBLISHED ON
THURSDAY DECEMBER 4th 2008 STATED:

‘A modest novice hurdle for mares. ’

“MANSONN LEDA Two very disappointing efforts in April 2008 including over hurdles looks the second string on jockey bookings.

“MANSONN LEDA partnered by conditional 5lb claimer EWAN WHILLANS held up and behind, headway 2 out, stayed on well from last, nearest finish. Caught the eye staying on under tender handling. Her ride caught the attention of the stewards, and she looks the type to do better in handicaps in due course.

“Winner ELZAHANN partnered by professional jump jockey G.Lee tracked leaders, smooth headway 3 out, led next, clear last. Did not enjoy the soft ground on her hurdling debut at Kelso but, back at the scene of her shock bumper success and racing on better ground, she was well supported beforehand and won without her rider having to get too serious. She still looked green and can improve again as she gains further experience, especially as she steps up in distance. Winning distance 5 lengths.


RACING POST REPORT 29.01.09 THURSDAY JANUARY 29th 2009


HEADLINE: “DESPICABLE?” NOW THAT IS GETTING PERSONAL.”

MURPHY HITS BACK AT BHA AS WAR OF WORDS HOTS UP IN
NON-TRIERS CASE.

“The BHA was yesterday standing firmly by a strongly worded attack on leading jumps trainer Ferdy Murphy after he hit back at the description of his conduct as ‘despicable’ by suggesting there was a personal vendetta against him. The BHA Regulation parties behaviour at such inquiries is noted as being harshly formidable, shocking, whilst being badly out of touch with the practical reality to say the least. What right do these regulation parties presume that they have to treat Murphy and Whillans in this appalling way when both daily make such a huge contribution at the dangerous sharp end of British horseracing; without whom there would be no multi billion pound British horseracing industry.

“Murphy, who trains Arkle principle Kalahari King , was condemned by the BHA for labelling its disciplinary panel members as “headless chickens” after he was fined £9,500 on Tuesday for running the mare Mansonn Leda as a non- trier at Catterick on December 3rd 2008

“At an inquiry in mid January 2009, Murphy failed to satisfy the BHA’s disciplinary panel that he gave conditional jockey Ewan Whillans adequate instructions after the matter was referred by the Catterick stewards.” RUBBISH Murphy has been tutoring Ewan Whillans daily over two seasons. Murphy did not need therefore to burden Whillans with copious last minute instructions. Murphy could not ride the race for Whillans.


HEADLINE: “ BHA GETTING PERSONAL, CLAIMS MURPHY. ”

“Whillans was hit with a 42-day suspension and Mansonn Leda banned for 40 days after it was ruled she had intentionally not been asked for sufficient effort in the race.

“At the inquiry, the BHA claimed ‘the instruction of a conditional jockey who was employed by him (Murphy) was a despicable act which was further compounded by Murphy distancing himself from the ride before the stewards.

“Upset at the emotive language used, Murphy responded: ‘ Normally I’d say take it on the chin,’ but that was a first offence and when you get the BHA using the word ‘despicable,’ that is getting personal. Why are they (BHA) doing that?’

“We have never been accused before, why would they (BHA) come over that strong-as if there is another agenda involved?’

“We are totally transparent, we are totally open with the press, our horses are totally open the way they run. Why would the BHA use those kind of words? It seems strange to me.’

“Despite Murphy’s equally incendiary comments, it is understood they will not lead to further disciplinary action.

“Explaining the language used, BHA spokesman Paul Struthers said: ‘our position at the hearing was that to ask a conditional jockey employed by you (Murphy) to ride a horse on its merits, (Mansonn Leda) and then try to distance yourself (Murphy) from the ride (Ewan Whillans gave Mannson Leda) to avoid being found in breach, was despicable, but to suggest there was anything personal against Ferdy Murphy is wrong. Every case is dealt with on its merits. Struthers (for the BHA) said it was ‘wholly inaccurate’ for Murphy to say the Catterick panel saw nothing untoward. Nor was it right they ‘agreed with Mr Murphy that it was simply rider, error, or inexperience. Struthers (for BHA) added ‘Its not a load of bollocks’ that the disciplinary panel found the rider in breach when the Catterick stewards didn’t. The disciplinary panel arrived at exactly the same conclusion as the Catterick in that the rider had intentionally failed to ask the mare for sufficient effort. Struthers continued ‘It is also misleading and inaccurate to question the disciplinary panel’s experience and knowledge. Lord Rathcreedan has more that 25 years’ experience as a steward and sits on the stewarding panel at six courses. He has been a chairman of the disciplinary panel since 2004 and is chairman of the stewarding committee.

Struthers continued: “Hopper Cavendish has more than ten years’ experience as a steward and also sits on the stewarding panel at six courses. She has been a member of the disciplinary panel since June 2007. Between them, in the last three years,
they have acted as steward on 348 days. Struthers continued: “As for Matthew Lohn, he has been a member of the disciplinary panel since January 2005. He is a lawyer and partner at Field Fisher Waterhouse, He is a member of the Association of Regulatory and Disciplinary lawyers and chairman of the Rugby Football Union
disciplinary panels. Struthers continued: “We appreciate that the penalties are significant, but they are set as such to deter and punish cheating. Murphy and Whillans have until 5pm today (Thursday January 29th 2009) to lodge appeals. ENDS


NOTE: Novice Hurdler = Beginner, greenhorn, tenderfoot, = Novice Hurdler
NOTE: Licensed Conditional Jump Jockey = Student, learner, undergraduate,
qualifying specialist, pre requisite, qualification procedure, = Licensed
Conditional Jump Jockey.

Whillans, a 5lb claimer was using his whip as a perfectly honourable tactic to call Mansonn Lada’s attention and to ask her to go faster, whatever, without actually needing to hit her, to hurt her, to punish her.

Stewards’ secretary Robert Earnshaw said: “The stewards found that Mr Whillans did not ask for sufficient effort on MANSONN LEDA and found him in breach of rule 157 therefore the matter has been referred to the BHA.” Whillans did manage to keep Mansonn Leda out of trouble, from getting brought down or falling much to his credit. Riding expertise not deserving of harsh punishment or indeed of any punishment at all. No way.


FERDY MURPHY QUESTIONS THAT REMAIN UNANSWERED BY THE BRITISH HORSERACING REGULATION AUTHORITIES TO DATE:

Ferdy Murphy hit back at the BHA’s description of his conduct as ‘despicable’ understanding this to mean that the BHA regulation parties had a personal vendetta against him?

Ferdy Murphy upset at the emotive language used by the BHA regulation parties responded: ‘ Normally I’d say take it on the chin,’ but that was a first offence and when you get the BHA using the word ‘despicable,’ that is getting personal. Why are they (BHA) doing that?

“Murphy, who trains Arkle principle Kalahari King , was condemned by the BHA for labelling its disciplinary panel members as “headless chickens” after he was fined £9,500 on Tuesday for running the mare Mansonn Leda as a non- trier at Catterick on December 3rd 2008

Murphy replied “We have never been accused before, why would they (BHA) come over that strong-as if there is another agenda involved?’

The welfare, training and riding of highly strung thoroughbred horses, bred for racing requires a skill and art not easily obtained or understood.

To an experienced and successful British trainer to be spoken to in this way and to be wrongly accused and punished in this way by the BHA Regulation Parties, must be an unbelievably shocking ordeal. How do these supposed regulators expect people to respond to their way out assumed allegations, making a total mockery of the skills acquired and required at this level?

Radical reform has been urgently needed over decades within all the horsemanship regulation areas of British horseracing. Long since signalling that the British
authorities are failing the sport miserably and worse not prepared to do anything to improve other than to continue on blaming others for their own, increasingly shocking mistakes. Wasting everyone’s time, at huge cost. Unjustly condemning and punishing not only the wrong people but also the wrong horses.


Monty Roberts, introduced to Britain by our present Queen Elizabeth has made huge strides world wide to show the true nature and intelligence of the horse, and in tutoring people to understand and respect a horses rights and welfare needs.

Wimbledon Lawn Tennis. It is not possible to liken top tennis players or indeed top
footballers, or excellent taxi drivers, (if you cannot drive) with top riders because obviously the riders partner, a living breathing bloodhorse. A very different perspective indeed from a ball, a tennis racket, or a taxi cab machine.

NONE OF THE PARTIES CONDEMNED AND PUNISHED UNJUSTLY IN THIS CASE BY THE BRITISH HORSERACING REGULATION PARTIES ENVOLVED, ARE GUILTY AS CHARGED TO INCLUDE MANSONN LEDA.