Harry Findlay arriving at BHA headquarters on Wednesday morning
PICTURE: Edward Whitaker/racingpostpix.comFindlay ban overturned after appeal success
GOLD CUP-winning owner Harry Findlay has had his six-month ban from the sport overturned and his penalty reduced to a £4,500 fine.
Findlay received the ban last month after being found guilty of two charges of laying Gullible Gordon, a horse owned in partnership by his mother Maggie and Paul Barber, on Betfair to lose in races in 2008 and 2009. On both occasions, Findlay's 'back' bets outweighted his 'lay' bets, and he stood to lose money if his horse lost.
Findlay appealed against the ban, which came into force on June 11 and originally ran through to December 10, and his case was heard by the BHA appeal board on Wednesday. Findlay was represented at the hearing by barrister Roderick Moore and solictor Daryl Cowan, both of whom acted for free.
In their findings, released on Thursday morning, the appeal board stated: "We intend no comment upon the Rule in question [the laying of one's own horses] here, that is not our role, but we do feel that in principle a clear distinction needs to be drawn between a lay bet placed as part of a corrupt practice or even conspiracy and a betting strategy which has not interfered in any way with the integrity of the race and in particular the running of thehorse in question."
Paul Struthers: "we maintain it was right to charge Mr Findlay"
PICTURE: Jon WintersThe statement continues: "As to the appropriate penalty, our starting point would have been that the £4,500 by which Mr Findlay improved his position should be removed from him and a further fine imposed which was significant in the context of the very large stakes involved. The result couldhave been a substantial overall fine.
"However, we cannot undo the fact that Mr Findlay has suffered disqualification and the indignity of it for over a month now. That will remain with him and we regard itas a serious penalty in itself. He was, for example, prevented from attending Royal Ascot where he would have seen one of his horses win and generally lost every aspect of an owner’s participation in racing during the last month.
"We consider that a fine, removing the extra profit made from the Chepstow affair, namely £4,500, will suffice in the particular circumstances of this case which obviously shouldnot be regarded as a precedent by anyone covered by the Rule, contemplating a betting strategy involving lay betting."
The BHA appeal board consisted of Sir Roger Buckley, Jane Gillies and Christopher Hodgson.
Paul Struthers, head of communications for the BHA, said: "As this case conclusively highlights, both the disciplinary panel and appeal board are independent of the authority and reach their own conclusions based on the evidence and material presented to them.
"The authority's role is to set the rules and guideline penalties and then charge and prosecute when necessary.
Tony Calvin: "we welcome ruling"
PICTURE: Jim Austin"In this case, we maintain it was absolutely right to charge Mr Findlay; he had clearly breached the rules, despite having previously been reminded of them and his responsibilities. The rules must apply equally to everyone. As the appeal board themselves say, 'it is hard to envisage any excuses for its breach in future.'
"The appeal board makes detailed reference to the existing rule, and we believe upholds the requirement for the rule as it stands. Disciplinary panels have at their disposal flexibility with regards to penalty and a vast range for this offence itself - three months to ten years. They are guidelines and the panel is fully entitled to go outside those guidelines when they feel it is justified, as they have done in the past. Consequently we have no intention of amending this rule in any material way.
"The disciplinary panel gave detailed and substantive reasons for their decision as have the appeal board, and as always we respect and accept both decisions."
Reacting to the outcome, Betfair spokesman Tony Calvin said: "We welcome the pragmatic ruling by the appeal board and we will continue to work with British racing to help ensure integrity remains paramount."
Read more fallout and reaction from Harry Findlay's successful appeal in Friday's Racing Post - or buy the paper online from 9am on Friday
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