Calls for reduction to Sean McBride's penalty in Danny Brock affair following BHA error

An error by the BHA could result in a significant reduction to the seven-year penalty given to Sean McBride for his role in the Danny Brock affair, his legal team argued on Friday.

In January, McBride was found to have placed a substantial bet against the Brock-ridden Samovar in a two-runner contest at Southwell in March 2019, having spoken with the rider the night before the race. 

While not found to be part of a wider conspiracy for Brock to deliberately prevent horses from running on their merits, McBride, the son and former assistant to his father, trainer Charlie McBride, was found to have committed a corrupt or fraudulent practice.

At an appeal against the penalty, held in May, McBride argued his punishment should be in line with the six-month bans given in 2015 to Kevin Ackerman and Kenneth Mackay, who placed lay bets on Ad Vitam having learned the horse’s owner, David Greenwood, had formed an agreement with jockey Michael Stainton to not ride the horse on his merits in preparation for a future win-bet coup.

In response at the appeal, the BHA stated a rule change since that case meant the disciplinary panel no longer had to draw a distinction between being directly involved in a conspiracy, like Greenwood was, or using information about a conspiracy to unduly profit, as Ackerman and Mackay did. 

This position was subsequently found to be wrong, with the BHA apologising for unintentionally submitting misleading information and seeking on Friday for the public record to be corrected. It maintained McBride still warranted a ban of seven years.

Harry Stewart-Moore, representing McBride, said: “Why are Ackerman and Mackay treated differently to Greenwood? It’s the difference between the opportunist and the conspirator. 

“In Ad Vitam, the panel found there was no agreement between Ackerman, Mackay and the other conspirators, they were in effect piggybacking. An agreement was lacking and that’s what we say is lacking here.

“The panel in our case found on the BHA change of rules point that it did not need to distinguish between a commission offence and a conspiracy offence, but that’s now known to be wrong as there’s no change in the rules that justifies this departure from the [previous] disciplinary panel’s findings. Mr McBride has, in effect, been found guilty of the commission offence and punished with the conspiracy offence.”

He added: “Participants in racing are entitled to know what the penalties are. Mr McBride’s penalty is [14 times] larger than Ackerman and Mackay’s for the same offence. You can say their penalty was ‘generous’, but it’s not in the interests of racing to have such vastly different penalties – it leaves participants not knowing where they are.”

In summing up the matter for the appeal board to consider, chair Sarah Crowther KC said: “If we had a case where there was evidence the bettor had offered to pay back the jockey stopping the horse it would be a clear conspiracy, but that’s not this case. 

“On the other hand, if we had two conspirators and a third party overhearing it in a pub and going to put a tenner on the tote that’s then the opportunist. What we have here appears to be something in the middle.”

Before concluding the hearing, Crowther, who was joined on the board by James O’Mahoney and Rachel Spearing, said she hoped to provide a judgement within a week.

At the original disciplinary panel hearing, Brock was suspended for 15 years while co-conspirators Eugene Maloney, Andrew Perring and Luke Howells were indefinitely banned.

Read more here:

Danny Brock warned off for 15 years for part in corrupt betting conspiracy 

'Big gambler' Sean McBride denies involvement in Danny Brock case 

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