1. On the 28 March 2017 a Panel of Appeal was convened to hear Mr Joseph Lyons Mound’s appeal against the decision of a Panel of Enquiry which found, on 10 December 2016, Mr Mound to be in breach of sections W44, W48[a], W50, Y13[a], Y18 and Y22 of the Rules and Regulations of the British Harness Racing Club in connection with the horse known as Lyons Mischief. On 15 October 2016, a blood sample was obtained from that horse in which it was identified the presence of the prohibited substances Cobalt and Carbamazepine.
2. Mr Mound’s Grounds of Appeal were prepared by Russell Moffat of Linenhall Chambers. The BHRC’s Reply to those grounds of appeal were dated 17 March 2017 and the hearing took place at Tower Wharf, Bristol. Mr Moffat represented Mr Mound and the BHRC was represented by Rory Mac Neice and Joanne Saye of Ashfords LLP (instructed by Kirsty Lee of the BHRC).
3. The Panel of Appeal heard submissions from Mr Mound and from Mr Mac Neice. Having heard from the parties and having considered the written submissions and other evidence produced to them, the Panel dismissed Mr Mound’s appeal and confirmed the finding and penalties imposed by the original enquiry panel. The written decision was issued to the parties on 7 April 2017.
4. As a consequence Mr Mound shall have the following penalties imposed upon him:
4.1. Y24(b) – £2500 fine and suspension of all licences for a period of 36 months from 1 January 2017. With regard to mitigating circumstances, the co-operation and previous good record of Mr Mound, the panel determined to suspend the 36 month suspension of all licences. Any breach of the rules and regulations of the BHRC during this period will result in this sanction being imposed in full immediately;
4.2. Y17 – £1500 fine and suspension of all licences for a period of 12 months from 1 January 2017. Mr Mound was ordered to pay the full costs of the BHRC;
4.3. Y10 – The horse Lyons Mischief to be disqualified from the race it ran at Tir Prince on 15 October 2016;
4.4. The horse Lyons Mischief to be suspended from racing for a period of six months from 1 January 2017;
4.5. The horse Lyons Mischief must pass a BHRC Integrity Test before becoming eligible to be entered to race. The owner to bear the costs of this test and any hearing pursuant to that test;
4.6. Any handicap penalties incurred on the date of sampling shall be retained on the handicap mark relating to the horse Lyons Mischief.
5. The Panel of Appeal stated in its decision that it would accept further submissions as to costs.
6. The BHRC reserves the right to inform any and all animal welfare organisations of the penalties issued, pursuant to Y24[b].
7. The decision is published in accordance with A3 of the BHRC’s Rules and Regulations.