APPEAL DECISION REPORT

22Feb

1. On the 22 February 2017 a Panel of Appeal was convened to hear Mr David Taff’s appeal against the decision of a Panel of Enquiry which found on 26 November 2016, Mr Taff to be in breach of section Y13 of the Rules and Regulations of the British Harness Racing Club in that Mr Taff was negligent in his position as a public trainer in that he failed to take all reasonable precautions in respect of the horse known as Johnny Camden to avoid that horse’s exposure to a prohibited substance namely, cobalt.
2. Mr Taff’s Grounds of Appeal prepared by his legal advisors were dated 27 December 2016.
3. The BHRC’s Reply to those grounds of appeal were dated 16 February 2017 and the hearing took place at Tower Wharf, Bristol. Mr Taff represented himself, the BHRC were represented by Rory Mac Neice and Joanne Saye of Ashfords LLP, instructed by Kirsty Lee of the BHRC.
4. The Panel of Appeal heard submissions from Mr Taff 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 Taff’s appeal and confirmed the finding and penalties imposed by the original enquiry panel.
5. As a consequence Mr Taff shall have the following penalties imposed upon him:
5.1. Fine of £2,500;
5.2. Suspension of all licences with effect from 26 November 2016 for a period of 5 years;
5.3. In addition Mr Taff is ordered to pay the costs of the BHRC in the sum of £5,550. Standard payment terms at BHRC are 28 days, however the Panel determined that all fines and costs must be paid in full to the BHRC by 30 April 2017;
5.4. The BHRC reserve the right to inform any and all animal welfare organisations of the penalties issued under Y24[b].
6. The Panel of Appeal will provide the parties with written reasons for its decision in due course.
7. This decision is published in accordance with A3 of the BHRC’s Rules and Regulations.