RACING POST REPORT BY JESSICA LAMB
“EAMON TYRRELL, warned off for three years by the BHA on Tuesday, (05. 10. 2010)
“ TYRRELL PLANS TO CONTEST CASELA PARK BAN IN JUDICIAL REVIEW COURT."
Tyrrell: “I didn’t get a fair hearing the first time.”
"Tyrrell said yesterday that he would not appeal the decision but will instead take his case to Britain’s courts for judicial review.
“The trainer and his jockey Jason Behan were handed three – year suspensions for “deliberately stopping” CASELA PARK in a Newcastle handicap in August.
“Explaining his decision to go to the courts rather than lodge an appeal with the BHA, he said “I didn’t get a fair hearing the first time, so why would I go back to the same crowd, who are with the same body who handed me an unfair sentence from an unfair hearing. I was found guilty of rule C45.1 which the guidelines clearly state warrants only a fine of between £1,000 and £2,500.
“Where have they pulled out three years from? A second offence for C45.1 gets 24 months according to the guidelines.”
J. Margaret Clarke comment for Turfcall:
This case poses the question ...'Who are the present Rules of Racing made up to support?
Bloodhorse Illiterate regulation and disciplinary parties including QC's who act without fair consideration and knowledge as to the rights and needs of the horses, as in context here 'horseracing'?
“Despite Tyrrell’s questioning of the length of the ban, the BHA yesterday pointed out that the penalty of three years was the mid-point of the punishment that could be handed to a trainer where the jockey is also in breach of the rules.
J. Margaret Clarke comment for Turfcall. Punishment? But what about the horse, is he to be punished for being tricky to ride? Or is the horse’s part in all this to be ignored? Due to the fact that all the parties who made up the panel at the disciplinary hearing to include the QC are ‘Bloodhorse Illiterate’ therefore would be unable to read this race in its true perspective inclusive of CASELA PARK, needs and rights .... we are talking here of a HORSERACE which in it’s name alone most certainly includes each and every horse, in each and every race. So how is it that the hierarchy within the regulation of British horseracing remain to be mainly all ‘Bloodhorse Illiterate?’
“BHA spokesman Paul Struthers said ‘We totally refute that either the hearing or the penalty imposed were unfair. The authority’s role is to investigate, to decide on the appropriate charges and present a case to the disciplinary panel.
“The disciplinary panel acts independently of the authority, and it’s role is to assess the evidence, and reach a decision as to whether or not there has been a breach of the rules of racing, before deciding on an appropriate penalty.”
“CASELA PARK was suspended for 42 days, beginning on Wednesday (06.10.2010). However, because the deadline for appeal is 5pm on Monday (11.10.2010) the son of ELNADIM can take up the entry he holds in a handicap at the Curragh on Monday at 3.20pm.
J. Margaret Clarke comment for Turfcall. BHA spokesman Paul Struthers is also Bloodhorse Illiterate.
“Tyrrell said: “He works in the morning and we’ll decide then. It’s a similar race to the one he finished fourth in at Leopardstown in July.
“We made too much of him there and, I think, if we drop him out like Newcastle and he settles he has a realistic chance.”
This photograph shows the highly skilled art, in practice,of a true horseman of the highest caliber. No one can buy 'Bloodhorse Literacy' it can only be achieved through dedicated endevour, hard work and the right guidance.
Labels: Tyrrell "I didn't get a fair hearing the first time.'