CASELA PARK - A LETHAL CONCOCTION OF BLOODHORSE AND LEGAL ILLITERACY

INJUSTICE SLAUGHTERS CASELA PARK AND ALL CONNECTIONS.

COMMENT J MARGARET CLARKE FOR TURFCALL

HOW TO UNTANGLE THIS MESS

BLOODHORSE ILLITERATE QC for the British Horseracing Authority (BHA) GRAEME McPHERSON reached the wrong conclusion, he has given a wrong judgement, he has made false accusations, he has punished and condemned innocent BLOODHORSE LITERATE  parties, and he has totally ignored the rights and needs of CASELA PARK.. It could be said that McPHERSON could not have made more of a hash of  the CASELA PARK case, even if he had wanted to.


NOT GUILTY

LET THE HORSES DO THE TALKING


CASELA PARK

From the time that the starting stalls opened and this race at Newcastle started CASELA PARK took charge of his rider JASON BEHAN, and ran away with JASON … JASON could not hold CASELA PARK who was out of control, galloping flat out. JASON however was able to steer CASELA PARK which he succeded in managing to accomplish.

(To get carted anywhere by a horse is a ghastly and frightening experience) So in this context, JASON deserved a medal not punishment or disgrace.)


LEE MOTTERSHEAD REPORTING FOR THE RACING POST WEDNESDAY 28 SEPTEMBER 2010. (See full report as published herewith)


LEE REPORTS:“ In a statement that in no way tried to hide the (unnamed) panel’s view of the Irish duo’s actions, Tyrrell and Behan were accused of deliberate stopping Casela Park.”

TURFCALL COMMENT:Tyrrell and Behan were accused of deliberate stopping CASELA PARK by the BHA panel. However the true facts do not suggest this at all. The true facts show that from the time that the stalls opened in the Newcastle race, CASELA PARK fled, a frightened, traumatised CASELA PARK taking charge of his rider JASON BEHAN, he ran away, galloped off as fast as he could go, leaving BEHAN struggling to regain control.


Luckily for JASON and the other runners competing in this race JASON was able to steer CASELA PARK whilst he was attempting to regain control.



LEE REPORTS: Brian Storey and Dick Allan, the last jockey and trainer convicted of preventing a horse from winning, were each warned off for three months after Flowing River’s defeat at Kelso in 1991. At that stage, no guidelines for punishment existed.”


TURFCALL COMMENT: In 1991 at Kelso, Lee points out a key fact. “At that stage, no guidelines for punishment existed.” Now in 2010 we have BHA ‘Bloodhorse Illiterate’ regulation and disciplinary parties acting in ignorance as this case highlights so sadly.


LEE REPORTS: “ CASELA PARK sent off  17-2  for the Newcastle race, a winner of two of his previous six outings finished an eye catching sixth.”

TURFCALL COMMENT: CASELA PARK clearly has talent, the problem is finding the key to unlocking his talent. As things stand at present he is so traumatised that he deals with his fears the only way he knows how by running away.



LET THE HORSES DO THE TALKING

CASELA PARK is now five years old. The way he is now shows that he has had many bad experiences, each and every one have left their scares along the way toward destroying the quality of his life.


Similar to that which Monty Roberts Blushing ET documentary shows. (Link on Turfcall’s Home page)


LEE GOES ON: “That effort prompted the Newcastle stewards to refer Casela Park’s connections to the BHA, who’s QC, Graeme McPherson, claiming that last weeks hearing that the horse had been “stopped” in order that connections could obtain a better price when contesting a Musselburgh handicap two days later.


TURFCALL COMMENT: QC Graeme McPherson makes a very dangerous assumption here. CASELA PARK was not stopped, because JASON BEHAN could not hold him. Simple as that.

QC for BHA Graeme McPherson together with the unnamed BHA panel need to ask themselves who would want to place a bet on a horse that is impossible to hold? A horse who shows in his races what a nervous wreck he has become.


LEE REPORTS: Summing up its assessment of Casela Park’s Newcastle run, the panel stated, “but for its treat by Behan, it would have won.” It argued that Behan was guilty of “deliberately preventing a horse from winning”, and stressed that Tyrrell’s assertion that Casela Park was “very difficult to ride” was “plainly false”.


TURFCALL COMMENT: Total rubbish. There could be no argument about anything other than if JASON had been able to hold CASELA PARK from the off, he may well have won this race. As JASON was unable to hold one side of CASELA PARK from the off, CASELA PARK ended up being a spent force by the time he needed to make his winning move. CASELA PARK is indeed a very difficult ride.


LEE REPORTS: The panel’s statement concluded: “This was not merely a case where a rusty over interpreted the instructions ‘not to kill the horse’ ... this was a deliberate stopping ride on Tyrrell’s instructions .”

TURFCALL COMMENT: Total Rubbish. JASON BEHAN is not a rusty rider, he is a skilled and brave rider to have agreed to ride such a traumatised CASELA PARK.



LEE MOTTERSHEAD REPORT RACING POST 28.09.2010

"GUILTY CASELA PAIR FACE LENGTHY BANS."

The trainer and jockey to be found guilty of deliberately preventing a horse from winning in Britain for almost 20 years could be warned off for five years each after BHA disciplinary panel found Eamon Tyrrell and Jason Behan guilty of insuring Casela Park did not win a Newcastle handicap in August.


In a statement that in no way tried to hide the panel’s view of the Irish duo’s actions, Tyrrell and Behan were accused of “deliberate stopping”.


However, the London announcement sent shock waves and anger through parts of Ireland’s racing’s hierocracy. Jim Kavanagh head of the Irish Racehorse Trainers’ Association , described himself as “astounded” and “amazed” at the verdicts while Irish jockeys’ chief Andrew Coonan said a lengthy ban for Behan would be extremely harsh”.


A decision on penalties is unlikely to come until next week, but with the panel having found the accused guilty, a disqualification at, or close to, the maximum tier of five years seems likely. The minimum possible punishment is a one year disqualification, with the Irish racing authorities expected to reciprocate any bans.


Brian Storey and Dick Allan, the last jockey and trainer convicted of preventing a horse from winning, were each warned off for three months after Flowing River’s defeat at Kelso in 1991. At that stage, no guidelines for punishment existed.


Sent off at 17-2 for the Newcastle race, Casela Park, a winner of two of his previous six outings finished an eye catching sixth , the Racing Post comment noting that the horse had made “steady headway going well when switched repeatedly from over one furlong out”. Thereafter he was nudged along and kept on strongly” in the last 100 yards, eventually passing the post two lengths adrift of the winner.


That effort prompted the Newcastle stewards to refer Casela Park’s connections to the BHA, who’s QC, Graeme McPherson, claiming that last weeks hearing that the horse had been “stopped” in order that connections could obtain a better price when contesting a Musselburgh handicap two days later.


Under intense media scrutiny, and with Patrick Mathers taking over in the saddle, Casela Park a 3/1 shot, finished fourth in Scotland.

Summing up its assessment of Casela Park’s Newcastle run, the panel stated, “but for its treat by Behan, it would have won.” It argued that Behan was guilty of “deliberately preventing a horse from winning”, and stressed that Tyrrell’s assertion that Casela Park was “very difficult to ride” was “plainly false”.


The panel’s statement concluded: “This was not merely a case where a rusty over interpreted the instructions ‘not to kill the horse’ ... this was a deliberate stopping ride on Tyrrell’s instructions .”

Reacting to the panel's verdict, Kavanagh said: "I'm astounded to hear
that Eamon has been found guilty and I'll be even more astounded if he
receives a five - year penalty.


"I saw both races and felt Eamon made a very logical case. I also believe
there was no illegal movement on the exchanges, so I'm amazed at the decision.


"I cannot speak about the jockey but I know Eamon very well. He's a very good trainer and has never come under unfavourable notice in Ireland. A five year ban would effectively end his career."


Coonan added:"I have yet to read the findings, but the possibility of a lengthy suspension does seem extremely harsh, with regards Jason, who has at all times denied culpability."


The BHA, Tyrrell and Behan are now able to make representations to the panel before penalties are determined. END.



KEY EXCERPTS FROM THE PANEl'S FINDINGS.

ON THE RACE.
“The gelding was subjected to strong and persistent episodes of restraint ... and was manoeuvred several times away from gaps and back behind other runners. It was running on well in the last 50 yards, despite an absence of any driving or encouragement. But for its (Casela Park) treatment by Behan, it (Casela Park) would have won. That may seem a strong conclusion , but the more the panel viewed the recordings, the more it felt driven to this view.”

Comment J Margaret Clarke for Turfcall
To follow shortly


ON THE RIDE.
“Behan’s ride was not misjudged: it was deliberate, and Tyrrell’s late criticism of a different aspect of it did not touch on that. He did not identify any aspect of the ride which failed to meet his instructions. He (Tyrrell’s) failure to ensure Casela Park ran on its merits was intentional ... The panel concluded that the ride came within category (b - deliberately preventing a horse from winning.”

Comment J Margaret Clarke for Turfcall
To follow shortly


ON THE MOTIVE.
“The more likely possibility is that, for whatever reason, the money was not planned to be down for Newcastle but was planned down for Musselburgh. This explanation finds some support from Tyrrell’s remark of not killing the gelding or ‘we wouldn’t be able to go to Musselburgh’ ... The panel was left in the position that there was no clear or obvious motive for the ride given at Newcastle. There may have been one but it didn’t emerge.”

Comment J Margaret Clarke for Turfcall
To follow shortly

ON THE VERDICT.
“Tyrrell’s denial of the obvious was so striking that the panel felt bound to conclude that he caused ... Behan to ride as he did. Tyrrell chose to paint a portrait of the gelding as very difficult to ride and as sometimes uncontrollable , which was plainly false. The important picture that emerged ... was that the gelding was a genuine trier and could be relied upon to run straight, even under strong driving . This was not merely a case where a rusty jockey (Behan) over- interpreted the instruction ‘not to kill the horse or get milled to finish third’. This was a deliberate stopping ride on Tyrrell’s instructions.” END

Comment J Margaret Clarke for Turfcall
To follow shortly



RACING POST COMMENT Andrew Scutts
Defendents’ lack of representation was unsatisfactory.

Whatever the eventual fate of Eamon Tyrrell and Jason Behan after being found guilty, their lack of legal representation at the hearing last Wednesday cannot be allowed to pass without comment.


A report in the Racing Post on September 4 revealed that the trainer and jockey had secured the services of the legal team who successfully represented Harry Findlay when the owner-gambler’s six-month suspension was quashed in July.


But when Tyrrell and Behan walked into the lion’s den, otherwise known as the BHA inquiry room in the basement of its London office, they did so unaccompanied .


Tyrrell said that until a couple of days earlier they were set to have barrister Roderick Moore and solicitor Daryl Cowan in their corner, but that the cost - £18,000 according to Tyrrell – led to a change of mind.


Whether it should be incumbent on the BHA to conduct a potentially career-ending or financial damaging hearing with legal representation on both sides of the room – ie stand the cost of providing a solicitor for the defence – could be a matter for debate, but with integrity spend already under pressure, given the industry’s financial straits, it is probably a non starter.


As things stand, it is up to the defence to meet the cost of being represented. An irony of this inquiry is that Graham McPherson QC, for the BHA, in trying, is trying to paint a picture of a future betting coup that would provide a motive for Behan’s ride at Newcastle, made a lot of Tyrrell’s dwindling string- down to four
from 60 before the credit crunch – and Benham’s dwindling rides: seven this year, down from 50- plus in 2005.

Comment J Margaret Clarke for Turfcall
To follow shortly


So if they are down on their luck, they can hardly have been expected to enter the fray with a legal representative to challenge McPherson’s assertions .


Whatever the ins and outs, it was uncomfortable at times observing the aggressive nature of McPherson questions and statements, knowing there was no – one on the opposite side of the room to give him some back.


McPherson has presented many BHA cases and is comfortable in an environment that Tyrrell and Behan were clearly understandably uncomfortable in.


“Lambs to the slaughter,” was a phrase Tyrrell and Behan both used to describe their situation. Behan had never ever been to London before, and in his summing up again made mention of the difference it made to him and the trainer in not having the money for a barrister or a solicitor..


Both were happy with the way panel chairman Tim Charlton conducted affairs , but if their not being legally represented was bad news for Tyrrell and Behan, you sensed it was not ideal for the panel either.


Inevitably, in mulling over the verdict, it would have reflected the disadvantage to trainer and jockey of not having representation. That is unsatisfactory all round.


It was easy to imagine a solicitor and/or barrister getting stuck in to McPherson after many of his exaggerations , comments and questions, particularly in regard to his trying to explane a “betting coup” motive for the Newcastle ride, and the use of articles in the Racing Post as evidence.


Should this end up with an appeal against their penalties, it would be fascinating to see what difference legal representation would make.


Perhaps if Harry Findlay wins the Scoop6 this week, he’ll stand the cost, just for the hell of it. END