The British Horseracing Authority said on Thursday that it has identified seven disciplinary cases since October 2013 in which the solicitor Matthew Lohn was part of the panel, and written to all individuals involved in the cases to inform them that there could be “an appearance of bias” in relation to the proceedings. The regulator has also decided that the case of the Irish trainer Paul Gilligan, who was banned for six months for running a horse that had previously competed in an unrecognised “flapping” event, will be reheard at a date to be decided.
The BHA’s latest moves follow the embarrassing conclusion of its initial disciplinary case against the trainer Jim Best, who was banned from racing for four years in April after a panel chaired by Lohn found that he had ordered Paul John, a jockey at his stable, to deliberately prevent horses running on their merits. It then emerged that Lohn’s legal practice had been paid to advise the BHA on non-disciplinary matters since October 2013, a disclosure which forced the regulator to apologise to Best and concede that the case should be reheard.
Gilligan’s case involved a charge that he had won a race at Uttoxeter in 2014 with a horse that had previously contested an event at an unlicensed “flapping” meeting in Ireland. His six-month ban was not reciprocated by Ireland’s Turf Club pending an appeal, which has now in effect been superseded by a rehearing of the case. Both Best and Gilligan deny any wrongdoing.
The Authority would not release any significant details of the individuals involved in the seven cases identified as at risk of “a perception of bias” due to Lohn’s involvement, citing confidentiality requirements.
“We cannot disclose the names of the individuals who have been written to,” Robin Mounsey, the BHA’s spokesman, said, “because at present this is a confidential matter between them and the BHA.”
Two of the cases dismissed appeals from a decision of the racecourse stewards and confirmed the penalties imposed by the local panel, while the remaining five involved an individual found in breach of the rules of racing, with a penalty then imposed. At least one of those is believed to have resulted in a period of disqualification from racing.
The BHA will now await responses from the individuals concerned on how they wish to proceed.
“We are acting fairly, responsibly and proactively to deal with this matter and to address issues arising from a small number of past cases involving Matthew Lohn,” Nick Rust, the BHA’s chief executive, said in a statement on Thursday.
“We will provide support and guidance to anyone who decides to come forward to discuss any concerns that they might have and how best to resolve them.”
