Result of a Referral (R.Dawson) and an Appeal (J. Spencer) heard by the Disciplinary Panel

1. On 11 August 2022 the independent Disciplinary Panel of the British Horseracing Authority (BHA) sat to consider a referral from the Windsor Stewards following the running on 1 August 2022 of the The Fitzdares Salutes England’s Lionesses Handicap Stakes (Class 5) over 5 furlongs. Mr Dawson riding SYMBOL OF HOPE, placed fourth, was found guilty of Careless Riding, (Rule (F)35), through interference in the final furlong.

2. The decision of the Stewards: ‘[Mr] Dawson was found in breach of careless riding as after GHERKIN (ridden by Rob Hornby placed third) had drifted slightly right, he shifted SYMBOL OF HOPE right for a run when insufficiently clear of FOR PEAT’S SAKE ridden by Silvestre De Sousa (unplaced) causing Mr De Sousa to take a check. As the Stewards considered the offence warranted a suspension and taking into account that Mr Dawson had already been suspended for 20 days or more within the previous six months, referred the matter to BHA Head Office’.

3. Of necessity the hearing was virtual and followed the agreed rules for this procedure. Mr Ray Dawson was in attendance and represented by Mr Rory Mac Neice of Ashfords LLP. The BHA’s position was presented by Mr Lyn Williams. No objection was taken to the constitution of the Panel. Papers and submissions had been provided to the Panel in advance which assisted the Panel.

4. The Panel reminded itself of the standard approach of attaching such weight to the Stewards’ assessment as they considered appropriate. Nevertheless, as a re-hearing, matters were considered afresh with the benefit of submissions from both sides.

Rule (F)35

5. A rider is guilty of Careless Riding if he fails to take reasonable steps to avoid causing interference or causes interference by inattention or misjudgment.

The Incident

6. Approaching the final furlong Mr De Sousa on FOR PEAT’S SAKE (unplaced) was weakening, Mr Dawson on SYMBOL OF HOPE, (placed fourth), came out from behind GHERKIN, ridden by Mr Rob Hornby (placed third). Mr Hornby then drifted slightly towards the rails, closing the gap, but Mr Dawson continued with an angled run when insufficiently clear of Mr De Sousa on the rails. This caused Mr De Sousa to take a check.

The Issue

7. Mr Dawson accepted that the was in breach of the Rule, and the short issue for the Panel was the appropriate penalty. Both sides presented their cases helpfully. The position of the BHA was that this was a change of direction due to a misjudgment after the gap had disappeared but was sufficient to be marked by a suspension of two days. Mr Mac Neice for Mr Dawson contended that although in the wrong, this was a split-second decision and Mr De Sousa was not dropping away as quickly as anticipated and in these circumstances a caution was appropriate.

The Decision

8. The Panel was able to study the footage from Head on, Side on and Rem 1 a number of times both without commentary and then in conjunction with the succinct submissions and observations of both sides.

9. After careful consideration, while acknowledging the view of the Windsor Stewards, the Panel concluded that in these particular circumstances with the gap suddenly disappearing, that the error of misjudgment was sufficiently marginal to warrant a penalty of a caution rather than the first rung of suspension.

The Consequences

10. Accordingly, the appeal against penalty is allowed. Mr Dawson suffers no further consequences for the ride at Windsor, but should there be a further infringement resulting in suspension, he remains in jeopardy of the ‘totting up’ provision until 27 October 2022.

11. The deposit to be returned.

The Panel for the Referral was: HH Brian Barker CBE QC, Austin Allison and Dr Lyn Griffiths.

Please note, the BHA Judicial Panel is an independent body which encompasses the Disciplinary Panel, Appeal Board and Licensing Committee. It receives administrative support from the BHA via the Judicial Panel Secretary.

The original press release can be found here :https://www.britishhorseracing.com/regulation/disciplinary/disciplinary/?result=2265

Thursday, 11 August 2022