BHA in a muddle as it rushes to amend rules
By dismissing the BHA's appeal against the verdict in the Philip Hobbs case, British racing's highest disciplinary authority has in effect created a precedent under which a horse can test positive for a prohibited substance of unknown origin yet incur no greater punishment than disqualification, with the trainer absolved of penalty, although not fault.
As such, the ruling muddies the water in terms of whether strict liability, the principle which states a trainer is responsible for his or her horses' tests regardless of intent or motive, applies to racing.
The appeal board concluded that while strict liability applied to disqualification and forfeiture of prize-money, it did not apply to penalty.
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