Mark Gillard defends himself against welfare allegations over injured horse

A determined defence was mounted on behalf of Mark Gillard as a disciplinary hearing began on Tuesday into allegations the Dorset-based trainer had failed in his responsibilities towards No No Tonic.

The mare suffered an eight-inch vertical skin wound with obvious tearing of muscles beneath when she forced her way out of a horsebox after competing at Wincanton in March last year.

No No Tonic was given initial treatment by a racecourse vet, whose instruction was that she must be seen by a vet at Gillard's stable the following day. The trainer, however, elected to treat the horse himself and, according to the BHA's Charlotte Davison, did not call a vet until five days later, having found that stitches and staples used to close the wound had come apart.

Much of the case centres on whether Gillard should have immediately sent No No Tonic to an equine hospital, which did eventually happen three weeks after the injury. By then, BHA officials were in touch with the trainer, having become aware that the raceday advice had not been followed.

Gillard will give evidence on Wednesday, when he is expected to say the horse is a poor traveller and he had concerns about transporting her to a hospital with such an injury, which he felt could be treated at the yard. No No Tonic made a full recovery, raced six times last season and won at Wincanton in March, in the equivalent race to the one after which she was injured the year before.

As the hearing began, Gillard admitted one rule breach, that he had failed to obtain a vet's advice "as to the appropriate treatment for a horse affected by injury". But his barrister, Roderick Moore, contended this was a "low-level" breach because Gillard's vet will say the treatment given by the trainer was the same that he would have advised if consulted. In a statement to the panel, the vet said it had been "ethical" for the trainer to treat the horse at home, even though a hospital referral would have been best practice.

Gillard denies a more serious charge of failing to take all reasonable steps to ensure the safety and welfare of No No Tonic and specifically rejects a description of "neglect" used by James Given, the BHA's director of equine health and welfare.

Much of Tuesday's session was taken up with cross-examination of Given, who told the panel: "Mr Gillard got lucky that the wound didn't get worse and penetrate the stifle joint.

"The problem with this injury is the infection can progress. While you may not have an infected joint on day one, the infection can continue to erode tissues inside and you may be completely unaware, from an external examination.

"This horse was left four full days with a serious wound on the side of its leg, near a joint that would be difficult to treat. Once the stifle becomes infected, it is very challenging to get that horse recovered."

But Moore said it was wrong to use a word like neglect. He described how No No Tonic was moved to a new box so the trainer could see her from his desk, adding that he set his alarm for the middle of the night so he could keep checking on her condition.

"Mr Gillard is a lifelong horseman," Moore said. "He's been involved with horses in different ways all his working life and is now in his late 50s.

"He has nursed back to health numerous horses after injuries and accidents, disease and illness, including this horse. He's a man of vast experience.

"Neglect is a very serious allegation. It has not been substantiated. It is an impossible fit with the reality of the intensity of care which this horse received.

"The plank across which the BHA seeks to walk is a very narrow one and it's hard to see how they can make it across the river."

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