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Ben Curtis handed month ban for Covid-19 breach but clear to return to action
Ben Curtis was given a 28-day exclusion from racecourses for breaching Covid-19 protocols at Newmarket last month, but the most prolific jockey in Britain this year is clear to return to action as 14 days have been backdated to the time of the incident, with the other 14 days suspended for six months.
At a BHA disciplinary panel inquiry on Friday, Curtis accepted he breached protocols on two separate occasions at Newmarket's July course on August 28, but stressed he did so accidentally rather than deliberately.
The panel, chaired by Philip Curl, took a differing view, finding Curtis guilty of not only breaching Covid-19 requirements, but also of acting in a manner prejudicial to the integrity, proper conduct and good reputation of horseracing.
Responding to the penalty, Curtis, who is planning on returning on Monday, said: "I'm happy it's all over and now I can crack on and do my job. The legal team did a great job and the panel was very good as well."
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During the inquiry, it emerged Curtis had entered Newmarket via the entrance restricted to owners and later went into a gazebo in the owners' zone to finish filming a promotional video with two owners, with whom he had met earlier that day away from the course.
Zara Brawley, presenting the case for the BHA, put forward four witness statements, including from Gemma Steve, regional head of operations at Jockey Club Racecourses, who was stationed at the owners' entrance.
Steve, who was interviewed at the hearing held via Zoom, said she told Curtis he needed to go to the jockeys' entrance, to which she said the jockey responded: "I'm not walking round as I need to get to the summer house conservatory [temporary jockeys' changing room], there's nobody around anyway".
After getting changed into his riding gear, Curtis then returned to the owners' zone to conduct a video interview for a potential new sponsor.
It was at that point he was told by a steward he had breached protocols and shortly after he was removed from the course, triggering the 14-day exclusion.
Curtis, who was represented by Rory Mac Neice, said he was not told to stop and had made it into the owners' zone before he was spoken to.
On the day, the North Yorkshire-based rider said he was feeling "burnt out" after getting up at 4.30am to ride out before making his way to Newmarket, having switched from riding at Hamilton following its cancellation.
Hugo Palmer, William Haggas and Dale Gibson provided character statements for the 31-year-old, who estimated he has suffered lost earnings of between £10,000 and £12,000 during the 14-day period.
In delivering the verdict, Curl said: "We've tried to balance the seriousness of the breaches of these Covid-19 regulations with the mitigation in your case, which include your character, excellent record, the facts of the case and the financial consequences you have already suffered due to not riding.
"If you break or breach any Covid-19 regulations in the next six months, you will have to serve a 14-day suspension before any further suspension, which might be imposed for a further offence."
Curl added: "Jockeys should not assume in future Covid-19 cases that part of the penalty would be suspended. We've suspended half of it this time, but the weighing room should not assume that is always going to be the case."
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