Oisin Murphy cases to be jointly heard by independent judicial panel on Tuesday
Three-time champion jockey Oisin Murphy will face an independent judicial panel on Tuesday when he could face a significant ban from the sport.
Murphy faces five charges relating to a series of failed tests for alcohol in May and October and separate counts of misleading the authority as to his whereabouts and accessing a racecourse in breach of Covid-19 restrictions – both in September 2020 – and to conduct prejudicial to the good reputation of the sport. The charges will be heard simultaneously by a three-person panel chaired by James O'Mahony.
The case surrounding travel abroad and Covid-19 protocols was due to be heard on December 10 last year but in a statement released jointly by the BHA and the jockey six days later, Murphy was granted extra time to seek help for addiction issues, with the regulator citing concerns for his welfare as a reason for the delay to the process.
At the same time the BHA announced that charges relating to two tests revealing excess alcohol – in May and October of last year – would become part of the same judicial process, with Murphy also facing a charge under rule (J)19 of "acting in a manner prejudicial to the proper conduct and good reputation of horseracing".
The December 16 statement also made clear that Murphy had surrendered his riding licence while he continued to seek professional help in connection to his relationship with alcohol, and the 26-year-old has not ridden in a race since.
There is a wide range of sanction for each element should Murphy be found guilty. For misleading the BHA as to where he travelled to in September 2020, the entry level punishment should he be found in breach of rule (J) 24.6 is a £2,000 fine or a three-month suspension, with the range of penalties being £1,000-£5,000 or a ban of one month to three years.
For a breach of Covid-19 protocols – covered under an extension to rule (J) 26.6 – which is deemed worthy of referral to the BHA, the entry level sanction is a three-month ban.
The improper conduct charge has the same penalty structure as misleading the BHA, meaning another entry level punishment of a £2,000 fine or a three-month suspension.
The failed breathalyser test at Newmarket on October 8 last year and the positive urine sample taken at Chester five months earlier both narrowly qualify under the schedule laid out in rule K(55) as lower offences, determined by the milligrams of alcohol per 100 millilitres.
The two taken together qualify for a ban of between seven and 21 days with an entry level of 14, although Murphy also failed a breath test at Salisbury in June 2019, which could bring into play a suspension ranging between 60 and 180 days.
Murphy's legal team is likely to plead for substantial mitigation to any punishments as the jockey is reported to be getting help with his issues surrounding drinking, including attending meetings of Alcoholics Anonymous.
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