Trainer Johnny Farrelly Excluded From British Racing Over Breaches Of Safeguarding Regulations

Following a five-day hearing in front of the National Safeguarding Panel (NSP), trainer Johnny Farrelly was been found in breach of six offences under Regulation 4 and one under Regulation 6 of the British Horseracing Authority Safeguarding Regulations following a referral by the BHA to the National Safeguarding Panel.

Safeguarding measures are in place to protect the health, welfare and human rights of individuals, particularly children, young people and vulnerable adults.

As a result of this finding, Farrelly has been permanently excluded from British racing with the right to review not before a period of seven years has elapsed. The exclusion will commence from Oct. 5, 2021.

The BHA and all parties are bound by the NSP's rules around disclosure. As part of their ruling, the NSP have agreed that the finding of exclusion against the trainer may be publicized, but there can be no further disclosure of the details of the case. Farrelly has the right to appeal the finding.

A former jockey, Farrelly has been training since 2013, according to racingpost.com. He conditioned 130 jumps winners in Britain as well as 19 on the flat.

Regulation Four of the BHA's Safeguarding Regulations reads as follows:

4. PROHIBITED CONDUCT AND THE PROTECTION OF YOUNG PERSONS AND ADULTS AT RISK

4.1 No Person may (i) engage, or attempt or threaten to engage, in conduct that directly or indirectly harms the welfare of one or more Young Persons or Adults at Risk, and/or (ii) pose a risk of harm to one or more Young Persons or Adults at Risk.
NOTE:
(a) 'Harm' is not a narrow concept, and can mean different things in different contexts. Reference should be made to the BHA Safeguarding Policy.
(b) It is not necessary for conduct (or attempted or threatened conduct) to take place in the context of racing activities. For example (and without limitation), in the event that a Person is convicted or cautioned for, or charged with, any offence that concerns harm to one or more young persons or adults at risk (whether or not those young persons or adults at risk participate in racing), that may form the basis of action under these BHA Safeguarding Regulations as a result of that Person posing a risk of harm (regardless of whether or not the
relevant offence, or alleged offence, took place in the context of racing activities).

4.2 No Person may knowingly employ, engage or otherwise instruct any individual who, in undertaking the activities for which they are employed, engaged or instructed, poses a foreseeable risk of harm to Young Persons or Adults at Risk.

British racing's full safeguarding regulations can be found here: https://www.britishhorseracing.com/wp-content/uploads/2018/12/BHA-Safeguarding-Regulations-December-2018.pdf

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Johnny Farrelly Excluded From British Racing

Trainer Johnny Farrelly has been found in breach of six offences under Regulation 4 and one under Regulation 6 of the BHA Safeguarding Regulations and has been permanently excluded from British racing, the British Horseracing Authority announced. The ruling follows five days of hearings in front of the National Safeguarding Panel (NSP), with the case referred by the BHA. Farrelly will not have the right to review until at least seven years have passed, with the exclusion beginning on Oct. 5, 2021. Farrelly, a former jockey, has indicated he will appeal the ruling. As part of their ruling, the NSP have agreed that the finding of exclusion against the trainer may be publicised, but there can be no further disclosure of the details of the case. The BHA and all parties are bound by the NSP's rules around disclosure.

Tim Naylor, Director of Integrity and Regulation for the BHA, said, “Everyone who works in British racing must be willing to call out and stand up to any behaviours which fall short of the values of openness, inclusivity and respect on which our sport is built.

“We are extremely grateful to the people who came forward in this case to highlight the concerns which eventually led to today's finding. It was as a result of the brave actions of these people, reporting concerns via the sport's confidential RaceWISE reporting line, that we have been able to successfully bring this case to a conclusion.

“This was a lengthy and complex investigation which called deeply on the expertise of the sport's dedicated safeguarding unit, who deserve great praise. It also utilised the independent expertise of the National Safeguarding Panel to ensure that any verdict was provided by a fully independent, specialised arbitration process.

“We cannot comment further on the details of the case as they are confidential and we are bound by the NSP's rules around disclosure.”

Farrelly responded to the news with a statement on his behalf through the National Trainers Federation which read: “I intend to appeal against today's findings and will therefore make no further comment about the hearing. I would also like it to be known that a police investigation concluded with no charges in relation to my conduct.”

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UK Fixture List Released For 2022

The 2022 UK fixture list was published by the British Horseracing Authority on behalf of the sport's tripartite governance structure of the BHA, racecourses and horsemen and women, on Monday. Comprised of 1,482 fixtures, the 2022 fixture list was developed by the industry's Fixtures and Funding Group, which contains cross-industry representation and was approved by all members of the group and the sport's tripartite executive committee. The list was presented to the BHA Board for approval on Sept. 9. The total fixtures for 2021 was 1,486.

There were several significant developments incorporated into the 2022 list:

  • An increase in quality, Sunday racing with racecourses making at least £65,000 in executive prizemoney contributions on: May 8 (Hamilton), May 22 (York), June 5 (Musselburgh), July 3 (Chelmsford City), July 24 (Chelmsford City), Aug. 7 (Haydock Park), Aug. 14 (Chelmsford City), and Aug. 21 (Sandown Park).
  • A sixth Flat fixture approved for Saturdays with racecourses making at least £100,000 in executive prizemoney contributions (one year only): May 14 (Chelsmford City), May 28 (Cartmel), May 28 (Chelmsford City), June 11 (Chester), June 18 (Perth), July 16 (Cartmel), July 16 (Chester), Aug. 13 (Perth), Sept. 10 (Chelmsford City), Sept. 24 (Chester).
  • A small number of 'rider restricted fixtures' have also been designated in the fixture list to boost participant well-being: Mar. 19 (Wolverhampton), July 31 (Market Rasen), and Nov. 26 (Wolverhampton).

For more details, please visit the BHA website here.

Richard Wayman, Chief Operating Officer for the BHA, said, “In producing the 2022 Fixture List, our overarching aim has been to enhance the appeal of racing to its followers. As ever, this has involved balancing a number of considerations such as seeking to deliver a competitive and compelling sport, whilst also supporting the revenues that encourage the acquisition and retention of owners and their horses. Also, staging fixtures at times when the public can enjoy them whilst also being mindful of the wellbeing impact on the participants who service them.

“Fixture policy is an area of tripartite decision making and, whilst there will inevitably be differences of opinion from time to time, there is complete agreement that the Fixture List must continue to evolve as we listen to what racegoers, fans of the sport and the betting industry's customers, are telling us.

“We have built on some of the initiatives trialled during the pandemic, such as the creation of additional relatively high value meetings on Sundays, and we will continue to look for more opportunities to use the Fixture List to support the future of the sport.”

 

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USADA’s Dr. Tessa Muir: Industry Confidence In Anti-Doping Program Key Element To HISA Success

How will equine medication rules and enforcement be different once the Horseracing Integrity and Safety Authority becomes the federally mandated regulatory body for Thoroughbred racing next year?

For starters, for the first time, regulations related to medication, testing and enforcement will be uniform in every racing state. That's a tremendous achievement in itself.

Efforts to form uniform rules go back decades to the days of the National Association of State Racing Commissioners (predecessor of the Association of Racing Commissioners International).  There has been incremental progress, through development of model rules that only went into effect if individual state racing commissions and sometimes legislators bought into them. Too often they didn't adopt them as written.

The enabling legislation creating the Authority, the Horseracing Integrity and Safety Act, overcomes those hurdles. The Authority is a non-governmental agency that will have federal oversight from the Federal Trade Commission, especially in its formative stage. Prior to July 2022, when the Authority is scheduled to be operational, the FTC will be required to accept, reject or amend the rules that the Authority is now developing to regulate medication and safety policies.

Dr. Tessa Muir, who joined the United States Anti-Doping Agency as head of its newly created equine program earlier this year, is part of the team developing those regulations. While USADA does not yet have a contract with the Authority, it's fully expected that it will be the agency named to that position, enforcing anti-doping policies in much the way it does for athletes in the Olympics, Paralympics and UFC fighters from the world of mixed martial arts.

Muir has worked as a regulatory veterinarian with Racing Victoria in Australia and before then spent six years with the British Horseracing Authority as a veterinarian assistant and anti-doping manager.

“We are diligently working with the Authority,” Muir said in an interview with the Paulick Report. “The core rules that we are developing will form the basis of the program. Implementation is that final step in bringing HISA to reality.

“Alongside the rules,” Muir added, “we are working with the Authority and hope to have a contract in place with them ASAP.”

In parallel with development of medication regulations, which will lean heavily on existing guidelines from the International Federation of Horseracing Authorities and the Association of Racing Commissioners International, Muir said USADA and the Authority are also working through a business model to determine staffing or contract labor needed to enforce its program. Among other things, there will be a need for investigators and what USADA refers to as doping control officers.

“One of the really great things with combining USADA and its human side with its equine side – assuming we do have a signed contract with the Authority – is that there will be some crossover between what goes on in the human world and the equine world,” Muir said. “Clearly, there are a lot of things that are also different, but again, where possible, we'll be trying to leverage resources sensibly to make it as streamlined as possible.

“What we are looking to do is to take the best elements from good anti-doping programs, whether they be equine or human, and create consistent, thorough and robust rules that fit the U.S. Once we have those rules, we can enforce them to ensure clean racing, the health and welfare and long-term soundness of our equine athletes.”

USADA and the Authority will also need to establish laboratory standards and an accreditation program before determining which of the existing drug testing laboratories will be utilized. While laws in some racing jurisdictions currently require testing to be conducted at in-state university labs, the assumption is that the enabling federal legislation will supersede such state laws.

Muir said post-race sampling will continue to be a part of a USADA anti-doping program, but it's obvious a significant focus will be on out-of-competition testing. Achieving what she calls a “gold standard” program will not happen overnight. Muir puts an 18- to 24-month timeline on that goal.

“A lot of it relates to collection of the data and to have a smart testing program, whether that be in or out of competition,” Muir said. “You have to develop the technology and the information and intelligence from the investigations to form that big picture on how you conduct testing.”

Muir describes best practices out-of-competition testing as an “anywhere, anytime”program that will be accompanied by a “whereabouts” requirement. That means the location of horses may need to be reported to the Authority or to USADA at all times so that surprise visits by doping control officers may take place.

“The intent of the (federal law) is that horses are accessible at any time at any place from the point of their first workout until they retire from racing,” Muir said. “In order to conduct that 'no-advance-notice' testing anywhere at anytime, you need whereabouts information in order to find the horse. That really is a critical underpinning for prevention, deterrence and detection of misuse of substances. Whilst specifics of how that may look are currently not finalized, if you look at any good anti-doping program in the world, whereabouts is a really key component. And that requires locations, not just while horses are in training but when they are in other locations resting or pre-training.”

Muir said testing is not the only way to catch violators, since some substances can be very difficult to detect.

“When you look at blood doping agents or illicit substances, it's not just things like EPO that are potentially difficult to detect,” she said. “There are other substances such as insulin, which have relatively short detection windows but potentially a much larger window for effect.

“In general terms, detection of a prohibited substance in a sample is only one of a number of different anti-doping rule violations. That detection isn't necessarily the only way to determine that someone has broken the rules.”

Muir listed anonymous tip lines as an important tool, though realizes that racing, like other sports that have struggled to control performance-enhancing drug use, there seems to be a de facto code of silence among many participants.

For that to change, Muir said, the industry will need to buy in to the principle that clean racing is better for everyone.

“The testing investigations comes under the responsibility of the enforcement agency (presumably USADA), but the tip lines and other things must have industry ownership,” she said. “When it comes to the responsibility for clean racing and preventing, deterring and detecting people who might be doing the wrong thing, it's the responsibility of the whole industry to call that out and prevent it and to stand up for clean racing.”

Muir admits that won't happen if the industry lacks confidence in USADA and the Authority.

“People have got to have confidence in those enforcing the rules, that they are acting on and doing the right thing,” she said. “I've had a lot of respect for USADA for a long time: that voice for the clean athletes and those doing the right thing. On the equine side it's the same proposition: standing up for the good people who are doing the right thing. They need to have trust that those enforcing the rules are going to help stand up for their rights.”

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