Tim Brennan has been cleared of the accusation that he passed on inside information about an injury to Faugheen before the 2016 Champion Hurdle, in the latest high-profile disciplinary verdict to go against racing’s ruling body. The British Horseracing Authority was left trying to explain why it had pursued the case when, according to the panel’s ruling, it has no jurisdiction over vets who live and work in Ireland.
The three-person disciplinary panel issued a summary of its reasons on Thursday night and said “there were, on the evidence, a number of other realistic possibilities for the source of any such information”. The panel appears to have been impressed by Brennan, who gave evidence for about half a day and faced lengthy cross-examination, describing him as “a credible witness who did not seek to avoid any of the matters put to him”.
The panel offered some little comfort to the BHA, saying it had acted “reasonably in instigating an inquiry in respect of Timothy Brennan”. Those words appear to leave open the question of whether it was reasonable, after that inquiry, to charge him and proceed to a full hearing.
Joseph Fitzpatrick, Brennan’s solicitor, criticised the BHA for being slow to share vital information, particularly an internal email which revealed the Irish Turf Club had pointed investigators in the direction of an individual other than Brennan. That was part of a cache of undisclosed material which Brennan’s lawyers were shown only on the morning of the hearing. The BHA’s barrister said during the hearing that Fitzpatrick would have been welcome to travel to London to inspect the file at any stage.
“I’m over here in Kilkenny,” the solicitor said on Thursday night. “How am I going to get across there unless I get into a plane? And this is a file of 50 pages that could have been scanned and sent. But at least we got it on the morning and that helped in a very substantial way to vindicate my client’s position.”
He added that the BHA should not have revealed the details of the hearing in a press release two months in advance. “They had no reason to do so except to garner as much publicity as they possibly could for these proceedings. That brought on an avalanche of comment and there are a number of media sources who indicated that our client was guilty.
“The BHA is very polite in the way it conducts these matters but it twists the knife while it’s smiling at you. It could have avoided that press release and should have done so, in my opinion. That caused a lot of distress to the family.”
No formal response to those points was offered by the BHA but a spokesman said advance publication of the charges in this case was in line with its usual practice. He issued a statement defending the regulator’s right to bring the case.
“The BHA has a duty to protect the integrity of our sport and the interests of the betting public,” the statement said. “That means we will investigate and act where we become aware of suspicious betting activity. Those who lose money in such circumstances would expect nothing less and we owe it to them to pursue these cases.
“Around 45% of racing’s income comes from betting. This crucial revenue stream, which in turn generates prize money for participants, should not be taken for granted as the government’s recent decision on gambling reform has shown. In the light of that, it is vital that we continue to investigate if we are to maintain the betting public’s confidence that racing is fair and clean.”
Nottingham 1.50 Loch Ness Monster 2.20 Improvising 2.55 Prince Ahwahnee 3.25 Thimbleweed 4.00 Juneau 4.30 Aquarium 5.00 Rebel State
Newbury 2.00 Sheriffmuir 2.30 Magnetic Charm 3.05 Rococo (nap) 3.35 Typhoon Ten 4.10 Lucky Deal 4.40 Dashing Poet 5.10 Dream Catching
Haydock 2.10 Kannapolis 2.40 Cloak And Dagger 3.15 Makanah 3.45 Alsvinder 4.20 Swiss Knight 4.50 Ashington 5.20 Acrux
Newmarket 5.35 Gravina 6.10 Pennywhistle 6.40 George Villiers 7.10 Rawdaa 7.45 Mirza 8.15 Dizzy G 8.45 Golden Slam (nb)
Hamilton 5.45 Souls In The Wind 6.20 Showout 6.50 Mujassam 7.20 Sharp Defence 7.55 Ventura Knight 8.25 Iconic Code 8.55 Here In The Dark
Pontefract 6.30 Hot Team 7.00 Mobham 7.35 Watchable 8.05 First Flight 8.35 Dontgiveuponbob 9.10 Etikaal
Tips by Chris Cook
