BHA Responds to High Court Ruling

Following the ruling of the High Court in favour of Freddy Tylicki, the British Horseracing Authority has released its response on Thursday. Tylicki sustained catastrophic injuries in a fall at Kempton Park in October 2016.

After the judge's ruling, the BHA obtained transcripts of the proceedings, which have been reviewed in detail, and held discussions with industry stakeholders in order to consider what implications there may be for the sport as a result of the judgment.

The BHA released a statement on Thursday which read in part: “Due to the significant reforms of British racing's stewarding model and processes which have taken place since 2016, the BHA is satisfied that the High Court has not identified any further actions that must be taken as a result of this ruling beyond those which have already taken place or are already committed to. The reforms since 2016 have included:

 

  • A transition from a majority amateur panel quorum model to a majority professional panel quorum model of stewarding in Britain;
  • Mandatory competency-based training, developed externally in collaboration with legal training experts, has been introduced for all stewards;
  • State-of-the-art technology introduced on course that allows for more enhanced analysis of races;
  • Updated guidance provided to stewards as part of the competency-based training on enquiry procedure, and specifically regarding the adjournment of enquiries where material witnesses are unable to be present.

“Work is already underway, following the adoption of the new Rules of Racing in 2019, to review British racing's sanctions framework and guidance. This work will address the full range of sanctions, including those for interference, and discussions with stakeholders have already begun on this process.

“…The BHA is committed to furthering the professional development of all stewards in line with international best practice, enabling them to develop the skills required to hear, test, interrogate where appropriate, and balance all evidence given in enquiries.

“Away from stewarding, it is considered that there could be implications for jockeys' insurance arising from this ruling, something the BHA and PJA have met to discuss.

“The BHA has committed to supporting the PJA in whatever way necessary in their discussions with their insurer, in particular by providing whatever material they may need to demonstrate the level of risk mitigation that is now in place in British racing. It is essential for all sectors of our sport that jockeys are provided with adequate cover to allow them to compete.

“Such risk mitigation includes the introduction of saliva testing in 2021, whereby oral swabs are used to provide on-the-day screening for cocaine and a range of other banned substances at racecourses.

“Saliva testing is designed to be used in addition to breath and urine testing, which is capable of detecting a broad range of substances. Raceday saliva and breath tests act as a preliminary screen, and any jockey who does not test negative on raceday is stood down from riding that day, as well as being subject to further investigation.

“Funding has also been made available by the Levy Board for hair sampling to become a mandatory element of any jockey's licensing process in the future, as part of a widening of the matrices used to test for prohibited substances.

“The BHA would like to thank all of those who have contributed to discussions on the topic of this ruling in the last month and would also like to place on record once again its very best wishes for the future for Freddy Tylicki and his family.”

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Orla McKenna Appointed Head of Bloodstock For Tattersalls Ireland

Orla McKenna, who has been a member of the Tattersalls Ireland bloodstock team for 16 years, has been promoted to the position of Head of Bloodstock. Previously McKenna was the Tattersalls Ireland Bloodstock Manager. A keen pony racing competitor when she was young, McKenna also rode as an amateur for the late Dessie Hughes for a couple of years prior to joining Tattersalls Ireland in 2006. She returned to the saddle in 2018 to ride out for Gavin Cromwell in preparation for participating in the Corinthian Challenge.

Tattersalls Ireland CEO Simon Kerins said, “I am delighted to announce Orla as Head of Bloodstock for Tattersalls Ireland. Orla is not only highly respected by all her colleagues but also Tattersalls Ireland clients and she has been a real asset to the company for the past sixteen years. Orla's experience, knowledge and expertise make her ideal for the position as Head of Bloodstock.”

McKenna added, “I am thrilled to be appointed as Head of Bloodstock for Tattersalls Ireland, I am very enthusiastic about my new role which will help deliver on Tattersalls Ireland strategies and ambitions. I am proud to be associated with such a strong brand within the industry and I look forward to working closely with our unrivalled inspection panel as we turn our attention to securing top quality horses for the Derby Sale and May Store Sale as well as the Goresbridge Breeze Up Sale.”

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Caught Up In Fishman Scandal, Hall Tells Her Story

It was back in October of 2018 that a small-time harness racing owner and trainer named Adrienne Hall reached out to veterinarian Dr. Seth Fishman. She was new to the Florida harness circuit and says she simply was looking for a vet to help her with her horses. What she did not know at the time was that she had just made one of the worst mistakes of her life.

Hall's relationship with Fishman evolved and became complicated. It led to Hall, 42, testifying earlier this year in court against Fishman in his trial for selling performance-enhancing drugs to, among others, disgraced Thoroughbred trainer Jorge Navarro. It was during that trial that Hall admitted Fishman also supplied her with illegal drugs that she used to improve the performance of her horses.

Unlike Fishman, who was found guilty by a jury, Hall will not be going to prison. But her career in harness racing may be over, she faces a likely suspension from the New Jersey Racing Commission and she says she is not holding up well in the aftermath of her testimony. She says she is “in bad shape” and on medications to get through the day.

While she understands that she brought this upon herself, Hall maintains that she has been unfairly portrayed in press reports covering the Fishman trial and that she testified against him not to avoid prosecution but because she wanted to help clean up the sports of Thoroughbred and Standardbred racing. With that in mind and in hopes that she could at least somewhat change the narrative, Hall agreed to what became a lengthy interview with the TDN last week.

Below are the subjects that were covered. They include Hall's take on her own situation, what she says she did and did not do wrong and her insights into Seth Fishman and his operation and the culture of doping she believes permeated the Standardbred game.

“It appeared to me that it was chemical warfare out there,” she said. “How was I supposed to compete against horses that don't get tired?”

(*) Hall said originally she had no idea that Fishman sold illegal drugs. She was looking for veterinary help after moving from Ohio to Florida and said that Fishman came highly recommended.

“I had horses who were tying up,” she said. “I had questions about how to raise red blood cell counts because my horses were borderline anemic. I really wanted help and I trusted him. I had heard really good things about him and how smart he was and that's why I wanted to utilize him. I did not specifically reach out to Dr. Fishman for performance-enhancing drugs.”

(*) Fishman, Hall said, seemed particularly eager to work with her. She believes she now knows why. She had worked in an office job for Todd Pletcher and says she also had some connections with top harness trainer Tony Alagna. Fishman asked her to approach both trainers to see if they were interested in buying his drugs. She says she never contacted either one.

“It was my understanding that Navarro was not paying his bills and he was getting really fed up with him,” she said. “He wanted a big stable to come in and take his place. That's the only reason why I can think of he would give me any attention.”

In June of 2019, Hall said she spoke to Fishman for the last time.

“He said, 'I really regret trying to help you because you did nothing but waste my time,'” she said.

(*) During her testimony, Hall admitted using PEDs on a horse and excitedly told Fishman after she won a race that the drug appeared to have made a major difference. While admitting she used the drug, Hall said she resisted temptation to use concoctions that are even more powerful.

“I told him that I didn't want to use Epogen and I didn't want to use baking soda,” she said. “I didn't want to use anything that would tear up my horses. I just wanted something that would give my horses an edge.”

She said she was motivated to use an illegal substance because she was frustrated that she had been beaten so often by trainers she suspected of using drugs, calling harness racing a game of “chemical warfare.”

“It was a stupid thing to do,” she said of using PEDs. “I was not having a lot of luck. I didn't know what I was doing wrong. How do I compete? How do I get better? But, I knew it was wrong and I was breaking the rules.”

(*) News reports during Fishman's trial suggested that the only reason Hall testified against Fishman was that she was granted immunity. She says that is not the case.

“Misinformation came out, that I was there under some deferred prosecution agreement, or I was subpoenaed or in fear of being arrested or indicted. That was never the case,” Hall said. “I wanted to help them. They said they were going to clean up the sport and that this would be good for the horses. They told me that I was doing a really good thing. Yeah, I messed up and I made a mistake, but I didn't realize [Fishman] was as bad as he is. The more I heard about horses dying and XY Jet dying, I started to understand, I started to realize how bad he was.

“Everyone says you shouldn't have talked to them from the beginning, you should have kept your mouth shut. I look at it differently. Someone has to do something. The harness industry is in really bad shape. I wanted to be a part of making things change.”

(*) After the trial, Hall was permitted to racehorses at the Meadowlands by track owner Jeff Gural, who said that banning her would discourage future whistleblowers from coming forward. Gural, however, won't have the last say. Hall said she has met with the New Jersey racing Commission, which told her she is under investigation. She expects she will be sanctioned by the commission and if her license is suspended, she would not be able to race at any track. A lifetime ban is not out of the question.

The potential racing commission ban is one of many problems she has faced since testifying. Her license issued by the United States Trotting Association (USTA) has been revoked and she said she has been the target of several nasty postings on social media calling her, among other things, a “rat.” She says she was not prepared for what was to come and the stress she has been under. She says she would not recommend to anyone in a similar situation that they come forward.

“I don't think I would recommend anyone come forward after what the USTA and the public did to me,” Hall said. “The USTA stripped me of my membership and they didn't want to hear my side. I would definitely think twice about helping if I ever had a chance to do this again.”

(*) Hall got close enough to Fishman that he would tell her some of the details of his operation and the sale of illegal drugs. While Fishman was selling things like vitamins that are legal, he told Hall that many of his clients were buying PEDs.

“He confided in me about some really high-profile people in harness racing who were, let's put in this way, not buying vitamins. He told me what their drug of choice was and it was not a supplement, if you know what I mean.”

Hall declined to disclose the name of the drug or any trainers she believed were buying it from Fishman.

(*) Despite her problems with Fishman, she has never stopped respecting his intellect.

“I think he is absolutely brilliant, but he used his brilliance for bad reasons,” she said. “I don't know why. Maybe he got greedy or he thought he could outsmart people or he was that egotistical and thought that he would never get caught. He used his brilliance to do the wrong things.”

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