Bhrc.org.uk

Disciplinary Hearing
Present:
Prosecutor - Gordon Garnett (BHRC Chairman) Enquiry Panel:
Barry Delaney (BHRC Vice Chairman), John Wright (BHRC Steward), Robert Thompson (Regional Steward) Parties:
Mark Eltringham (Trainer), Anthony Fettah (Owner), Craig Nuttall (witness for the defence)
On Sunday 29th July 2012 at Musselburgh a blood sample was obtained from the horse Cutchall
Hanover. Following this sampling, the blood was tested by Laboratoire Des Courses Hippiques
(LCH) where the substance Indomethacin was identified, reported and confirmed. The presence of
this substance being a breach of section Y18 of the BHRC Rules and Regulations.
A hearing was convened on Saturday 18th August 2012 to examine and adjudicate this case, where
Mr Garnett prosecuted on behalf of the BHRC. The BHRC presented the findings of LCH and from
the Uniform Classification Guidelines for Foreign Substances identified Indomethacin as a Class 3
substance with a suggested Class B Penalty (automatic one year suspension of all licences, fine of
£1500 or 20% of purse, automatic disqualification of horse, horses suspended from racing, horse to
pass a BHRC Integrity Test before being eligible to race and costs of tests and hearings). The
BHRC ascertained that sections Y10 and Y18 of the BHRC Rules and Regulations had been
breached.
Parties involved accepted the findings of LCH and declined to have the B sample tested.
Submissions were made by the parties that Mr Eltringham was not the trainer at the time of the test,
but in fact Mr Nuttall had been training the horse since 18th July 2012 and a half share of the horse
had been sold to Mr Nuttall. All parties agreed that they had failed to notify the BHRC or STAGBI
of these changes.
Due to this the BHRC made further submissions with regard to breaches of sections Q16, Q17, S40,
W39, W46, W53, W61, and W62 of the BHRC Rules and Regulations and relevant penalties. The
BHRC requested that the panel consider the help, openness and candidate nature of all parties and
recommended leniency in regard to penalties.
The Panel agreed that all parties had cooperated throughout the process and thanked them for this.
Penalties:
Mr Nuttall
Y10 - one year suspension of all licences, £1000 fine
W61 - refusal to grant a licence for one year
These two sanctions to be concurrent and to apply from midnight 25th August 2012
Mr Eltringham
W53 - £10 fine per day totalling £70
W46 - £100 fine
Registered Office: First Floor, Burlington Crescent, Goole, East Yorkshire, DN14 5EG Tel: (01405) 766877 Fax: (01405) 955000 Email: [email protected] Company No: 2118925 W62 - £300 fine, all licences to be suspended for six months (in turn this suspension to be suspended for two years from 25th August 2012 - to be imposed if any other rules of the BHRC are breached) Mr Fettah W62 - £300 fine, all licences to be suspended for six months (in turn this suspension to be suspended for two years from 25th August 2012 - to be imposed if any other rules of the BHRC are breached) Mr Fettah to pay costs of an integrity test when Cutchall Hanover is presented for racing A costs order to cover the testing and hearing expenses was awarded against Mr Fettah Cutchall Hanover Horse to be disqualified from the race Horse to be suspended for six months from 14th August 2012 The Panel and the BHRC thanked all parties for their attendance and cooperation. Signed: ________________________________________________________________________________ Barry Delaney - BHRC Vice Chairman ________________________________________________________________________________ John Wright - BHRC Steward ________________________________________________________________________________ Robert Thompson - BHRC Regional Steward Registered Office: First Floor, Burlington Crescent, Goole, East Yorkshire, DN14 5EG Tel: (01405) 766877 Fax: (01405) 955000 Email: [email protected] Company No: 2118925

Source: http://bhrc.org.uk/Forms/CutchallHanover.pdf