BANGALORE WINTER MEETING 2013

BANGALORE WINTER MEETING 2013-14
NINETEENTH DAY, SUNDAY, 26TH JANUARY, 2014

RACING INCIDENTS
(156 - 164)

Going : Good
Penetrometer Reading : 3.2 Cms

(No False Rails)

1st Race: 156. The Bharachukki Cup - Div.II - (About) 1200 Metres. For horses rated 20 to 45 (12 Runners).

As Jockey J.H. Christopher was certified medically unfit to ride, permission was granted to Trainer Mr. Faraz Arshad to substitute Jockey T.S. Jodha to ride BLACKBIRD in place of Jockey J.H. Christopher, the declared rider.

FLASH ON THE WATER (Arshad Alam) jumped awkwardly inwards and inconvenienced THEJAGUAR (San.Kumar Paswan) on its inside soon after jumping out of the starting gates.

Jockey Indrajeet Singh, the rider of CLUELESS, was reprimanded for travelling wide between 700 Metres and 500 Metres for no apparent reason.

Jockey Suraj Narredu, the rider of SUMMER SENSATION, reported that his mount was hanging in throughout the race. The horse was impounded for veterinary examination but no abnormality was reported. However Trainer Mr. Amit Caddy was informed to take appropriate corrective measures before accepting with it again.

Jockey Mudassar Nazar, the rider of TRADITION, reported that he lost his whip in the final 50 Metres of the race.

Compulsory Sample was taken for analysis from b g CLUELESS.

Routine Sample was taken for analysis from the winner b f PRAZSKY.

2nd Race: 157. The N.R.C.E. Cup - (About) 1400 Metres. Indian Horses 3 years old only (10 Runners)

Permission was granted to Trainer Mr. F. Sirajuddin to substitute Jockey Ryan Marshall to ride KINGS KID in place of Jockey J.H. Christopher, the declared rider.

Routine Sample was taken for analysis from the winner gr f CONNEMARA.

3rd Race: 158. The Mysore Race Club Trophy - (About) 1600
Metres. For Indian Horses 4 years old and over at the time of starting (Terms) (7 Runners).

It was reported after the race that RIDGEWAY (Y S Srinath) burst its blood vessels. Trainer Mr. Arjun Mangalorkar was informed that he must produce a fitness certificate from the Club's veterinary officer before accepting with it gain.

Routine Sample was taken for analysis from the winner b h RIDGEWAY.

4th Race: 159. The Bharachukki Cup - Div.I - (About) 1200 Metres. For horses rated 20 to 45 (12 Runners).

Permission was granted to Trainer Mr. Hidayat Khan to substitute Jockey R. Vaibhav to ride FEET ON FIRE in place of Jockey J.H. Christopher, the declared rider.

Jockey Arshad Alam, the rider of FIRE STORM, was fined Rs.1,000/- for shifting out and taking out CHEDDAR FACE (Imran Chisty) on his outside between 800 Metres and 600 Metres.

Jockey Imran Chisty, the rider of CHEDDAR FACE, reported that he could not get a clear run passing the 300 Metres due to a closely packed field.

It was observed that GUSTAVO (Indrajeet Singh) pulled up lame right fore passing the 300 Metres; the rider having to dismount before passing the winning post. Trainer Mr. Faraz Arshad was informed that he must produce a Fitness Certificate from the Club's Veterinary Officer before accepting with it again.

ACTIVE GREY (P Kiran Rai) sustained cut injury on right hind pastern.

Routine Sample was taken for analysis from the winner b f JACKIE OH.

5th Race: 160. The Vidhana Soudha Cup - Div.I - (About) 1400 Metres. For horses rated 40 to 65, 5 years old and over (12 Runners)

Permission was granted to Trainer Mr. Amit Caddy to substitute Jockey Dashrath Singh to ride SUMMER SUN in place of Jockey J.H. Christopher, the declared rider.

ABBAS DREAMS (G.Y. Rajesh Babu) was slowly away and lost a few lengths at the start. In view of its behaviour Trainer Mr. J. Babu Rao was informed that he must not accept with it again until its behaviour improved to the satisfaction of the Stipendiary Stewards in one jump out on a starting gate practice day.

Routine Sample was taken for analysis from the winner ch g ICE CUTTER.

6th Race: 161. The Indian Republic Trophy - (About) 1600
Metres. Horses rated 60 and above (9 Runners)

Permission was granted to Trainer Mr. Warren Singh to substitute Jockey R. Vaibhav to ride LAD KING in place of Jockey J.H. Christopher, the declared rider.

Jockey S. John, the rider of RATHAM was reprimanded for shifting in and inconveniencing POTOMAC (P.S. Chouhan) on his inside passing the 300 Metres.

Jockey Irvan Singh, the rider of VIOLENT STORM, was fined Rs.1,000/- for shifting out and causing interference to LAD KING (R. Vaibhav) on his outside passing the 350 Metres.

It was reported after the race that the left fore shoe of AUMENTO (Y S Srinath) had apparently come off during the race.

VIOLENT STORM (Irvan Singh) sustained injuries on right fore cannon and deep cut injury on right hind tendon.

Routine Sample was taken for analysis from the winner b g ICE STORM

7th Race: 162. The Bangalore Derby (Grade- I) (About) 2400 Metres. For 4 year old Indian Horses (Foaled in 2010) (Terms) (12 Runners)

Jockey Imran Chisty, the rider of ARROGANT APPROACH, reported that he could not get a clear run passing the 1300 Metres due to a closely packed field.

It was observed that Jockey David Allan, the rider of SUR LA TETE, could not get a clear run during different stages of the race due to a closely packed field.

Jockey P.S. Chouhan, the rider of LAGUNA BEACH reported that he lost his whip passing the 200 Metres.

ALFONS DE BORJA (S. John) sustained a cut injury on left hock.

ARGIANO (C. Alford) sustained a cut injury on right shoulder.

Compulsory Samples were taken for analysis from the following I, II & III placed horses viz:

b c AGOSTINI I
b c CZAR OF ROMANCE II
b g AMBITIOUS REWARD III

8th Race: 163. The Nethravathi Trophy - (About) 1400 Metres. Horses rated 20 to 45 (12 Runners)

Permission was granted to Trainer Mr. S. Dominic to substitute Jockey Dashrath Singh to ride ACEEMPRESSJESSIE in place of Jockey J.H. Christopher the declared rider.

Jockey R. Vaibhav, the rider of GLORIOUS MOMENTS reported that his mount was hanging out after entering the straight. Trainer Mr. S. Ganapathy was informed to take appropriate corrective measures before accepting with it again.

Jockey Dashrath Singh, the rider of ACEEMPRESSJESSIE, reported that his mount was hanging in after entering the straight. The horse was impounded for veterinary examination. On examination the Club's Veterinary Officer reported that it was found to be lame on left hind. Trainer Mr. S. Dominic was informed that he must produce a Fitness Certificate from the Club's Veterinary Officer before accepting with it again.

It was reported after the last race that CHEVAL D'OR (Ryan Marshall) burst its blood vessels (Endoscopy - Grade III @ 6:30 p.m. Trainer Mr. S. S. Attaollahi was informed that he must produce a Fitness Certificate from the Club's Veterinary Officer before accepting with it again.

Routine Sample was taken for analysis from the winner ch f FRANKNESS.

9th Race: 164. The Vidhana Soudha Cup - Div.II-(About) 1400
Metres. For horses rated 40 to 65, 5 years old and over (12 Runners)

Permission was granted to Trainer Mr. Mahmood Khan to substitute Jockey P.S. Chouhan to ride ZERMATT, in place of Jockey J.H. Christopher, the declared rider.

Jockey V.R. Jagadeesh, the rider of ENTERTAINER was fined Rs.1,000/- for shifting out and causing interference to MAGNOMICAL (M. Prabhakaran) on his outside which in turn passed it on to VOLANS (Arshad Alam) on the far side rounding the final bend.

Jockey Arshad Alam, the rider of VOLANS was fined Rs.3,000/- for the excessive use of the whip on his mount during the race (2nd Infringement).

An enquiry is being held into the running and riding of ROSHAN STAR trained by Mr. Samar Singh and ridden by Jockey Syed Asgar in the above race.

Routine Sample was taken for analysis from the winner ch g CLICK.

------------------------------------------------------------------------------------------------------------
BREATHALYSER TEST

No. of Riders Tested : 10
Results : Negative

STARTING REMARKS : Issued by the Starters separately

No. of Races : 9
No. of Runners : 98
Average runners per race : 10.8 _____________________________________________________________

Sd/ - T. RAMAN,
Sd/- T.S.MAHENDHER
Sd/- S. MARSHALL STIPENDIARY STEWARDS
29-1-2014 PUBLISHED BY THE ORDER OF THE STEWARDS

BANGALORE TURF CLUB LTD
BANGALORE WINTER MEETING 2013-2014

ORDER OF THE STEWARDS

THIRTEENTH DAY, SATURDAY, 28TH DECEMBER 2013

110. The Horanadu Plate - Div.I - (About) 1200 Metres. Horses rated 20 to 45, 4 years old and over.

(A)

The Stewards of the Bangalore Turf Club Ltd at their meeting held on Saturday, 28th December 2013 and Friday, 24th January 2014 considered the Charge Sheet No.741 dated 6th January 2014 issued to Trainer Mr. Tharun Thimmaiah reading as follows:

BTC
CHARGE SHEET - 741
Allegation of breach of the BTC Rules of Racing

Venue : Bangalore Race No. 110 Date: 28-12-2013

Defendant : Mr. Tharun Thimmaiah

Designation : Trainer

The BTC Stipendiary Stewards allege that the above named
Defendant committed a breach of:

BTC Rule/s: as detailed below and in the Annexure forming part of the Charge Sheet.

For Contravention of Rule No.114 (b) (I) of the BTC Rules of Racing read with Rule No.202 (I) (XIV) and (XVI) of the BTC Rules of Racing and the relevant Racing Calendar Notification under the heading "Trainers Licences" as detailed in the annexure forming a part of the charge sheet - Refer the deposition made by you before the Stipendiary Stewards during the enquiry held in connection with the running of the horse b f FIORITTA in Race No. 110 i.e The Horanadu Plate - Div I - horses rated 20 to 45, 4 years old and over of the Bangalore Winter Meeting 2013-14 run on Saturday, 28th December, 2013. (Copy of the evidence tendered by you before the Stipendiary Stewards during the above said enquiry is enclosed with this charge sheet).
Sd/-
Date: 6-1-2014 Chief Stipendiary
Steward

Annexure to and forming part of the Charge Sheet No.741 dated 6-1-2014 issued to trainer Mr. Tharun Thimmaiah.

Arising out of the enquiry conducted by the Stipendiary Stewards pertaining to the running of the horse b f FIORITTA purportedly trained by you in Race No. 110 i.e The Horanadu Plate - Div I - horses rated 20 to 45, 4 years old and over of the Bangalore Winter Meeting 2013-14 run on Saturday, 28th December, 2013 and based on the deposition made by you before the Stipendiary Stewards on 29th December, 2013 and 2nd January, 2014 it has been observed that prima facie you are guilty of abuse of the Trainer's Licence granted to you under the BTC Rules of Racing by on your own admission acting as a front (Benami) for Trainer Mr. Irfan Ghatala in respect of the horse b f FIORITTA and few other horses, resulting in your indulging in Improper practice and conduct unbecoming of a licenced professional in the performance of your duties thereby attracting the provisions of Rule No. 114(b) (I) and Rule No. 202 (I) (XIV) (XVI) of the BTC Rules of Racing and BTC Racing Calendar Notification under the heading "Trainers Licences" - as furnished below :

Rule No. 114(b) (I)

(b) In addition to or in lieu of any other penalties or punishments as may be laid down under these Rules of Racing, a Trainer may be fined, suspended or disqualified by the Stewards :-

(I) If his conduct or negligence or neglect in the performance of his duties as a licenced professional has led or could have led to a breach of the Rules of Racing;

Rule No. 202 (I) (XIV) (XVI)

202. The Stewards and/or the Stewards of the Club shall fine and/or punish and/or warn off and/or exclude and/or eject and/or disqualify and/or suspend or withdraw Licences, for any reason or reasons, from any race course or place where these Rules are in force, any of the following persons viz.:

(I) Any person who in their opinion has been guilty of any dishonest, corrupt, fraudulent, or improper practice or dishonourable action in connection with racing anywhere.

(XIV) Any person who attempts or conspires or connives or commits or is guilty of with any other person of conspiring or conniving to commit, any of the above offences or of any corrupt, dishonest, fraudulent, improper practice or dishonourable action in connection with racing at any place notwithstanding that any such other person has or has not been found guilty of the offence in question.

(XVI) Any person who infringes any of the provisions of a licence issued to him or any regulations issued in the Racing Calendar be liable to such other punishment as the Stewards or the Stewards of the Club think fit to impose.

BTC Racing Calendar Notification under the heading:
"TRAINERS LICENCES"

In the Event of a licence being granted to the applicant, he must undertake:-

3. To take the full responsibility of the horses in his charge and to be responsible to the Stewards of the Club for any irregularities or breaches in the Rules Regulations or Notices in connection with any of the horses in his charge.
. . . .
Sd/-
Chief Stipendiary Steward.

(I) The Stewards after duly considering the Charge Sheet together with the Annexures and after duly examining trainer Mr. Tharun Thimmaiah during the enquiries held on the said dates and after detailed deliberations and after concluding the enquiry as regards this matter, the Stewards decided as under:

a) That Mr. Tharun Thimmaiah has abused the Trainer's Licence granted to him under the BTC Rules of Racing. He on his own admission acted as a front (benami) for trainer Mr. Irfan Ghatala in respect of the horse b f FIORITTA and few other horses.

b) That to his knowledge these were the horses which were in excess of the limit prescribed by the Club in terms of the norms of the grant of Trainer's Licence issued.

c) That he has been acting as benami trainer for Trainer Mr. Irfan Ghatala such since November, 2012.

d) He was not aware as to who was/were the Owner/s of such horses.

e) He was not maintaining any log book pertaining to the work given to these horses.

f) That all connected activities pertaining to training in respect of these horses like feeding, working, declaration of Jockey's in races was done by trainer Mr. Irfan Ghatala

g) That he has been claiming the Basic Maintenance Charges in respect of these horses and handing it over to trainer Mr. Irfan Ghatala.

h) As regards the trainer's commission accruing as the result of the participation of these horses in races, he used to keep 50% and handover the balance 50% to Mr. Irfan Ghatala.

i) That he was fully aware that he acted in the above manner knowingly that he was committing a breach of the Rules of Racing of the Bangalore Turf Club Ltd.

(II) In view of the above the Stewards concluded that trainer Mr. Tharun Thimmaiah was guilty of abuse of the Trainer's Licence granted to him resulting in he indulging in Improper practice and conduct unbecoming of a licenced professional in the performance of his duties thereby attracting the provisions of Rule No. 114(b) (I) and Rule No. 202 (I) (XIV) (XVI) of the BTC Rules of Racing and BTC Racing Calendar Notification under the heading "Trainers Licences" as detailed in the Charge Sheet.

(III) In the light of the above, the Stewards decided to declare trainer Mr. Tharun Thimmaiah a disqualified person under the BTC Rules of Racing with effect from 10-2-2014 to 30-9-2014 (both days inclusive) for indulging in Improper practice and conduct unbecoming of a licenced professional in the performance of his duties thereby attracting the provisions of Rule No. 114(b) (I) and Rule No. 202 (I) (XIV) (XVI) of the BTC Rules of Racing and BTC Racing Calendar Notification under the heading "Trainers Licences".

(B)

The Stewards of the Bangalore Turf Club Ltd at their meeting held on Friday, 24th January 2014 considered the Charge Sheet No.745 dated 16th January 2014 issued to Trainer Mr. Irfan Ghatala reading as follows:

BTC
CHARGE SHEET - 745
Allegation of breach of the BTC Rules of Racing

Venue : Bangalore Race No. 110 Date: 28-12-2013

Defendant : Mr. Irfan Ghatala

Designation : Trainer

The BTC Stipendiary Stewards allege that the above named
Defendant committed a breach of:

BTC Rule/s: as detailed below and in the Annexure forming part of the Charge Sheet.

For Contravention of Rule No.114 (b) (I) of the BTC Rules of Racing read with Rule No.202 (I) (XIV) and (XVI) of the BTC Rules of Racing and the relevant Racing Calendar Notification under the heading "Trainers Licences" as detailed in the annexure forming a part of the charge sheet - Refer the deposition made by you before the Stipendiary Stewards during the enquiry held at the office of the Chief Stipendiary Steward on Thursday, 16th January 2014 on matters arising out of the enquiry held regarding the running of the horse b f FIORITTA in Race No. 110 i.e The Horanadu Plate - Div I - horses rated 20 to 45, 4 years old and over of the Bangalore Winter Meeting 2013-14 run on Saturday, 28th December, 2013. (Copy of the evidence tendered by you before the Stipendiary Stewards during the above said enquiry is enclosed with this charge sheet).
Sd/-
Date: 16-1-2014 Chief Stipendiary
Steward

Annexure to and forming part of the Charge Sheet No.745 dated 16-1-2014 issued to trainer Mr. Irfan Ghatala.

An enquiry was conducted by the Stipendiary Stewards pertaining to the running of the horse b f FIORITTA which ran under the name of trainer Mr. Tharun Thimmaiah in Race No. 110 i.e The Horanadu Plate - Div I - horses rated 20 to 45, 4 years old and over of the Bangalore Winter Meeting 2013-14 run on Saturday, 28th December, 2013 and Trainer Mr. Tharun Thimmmaiah was examined. He had made certain depositions before the Stipendiary Stewards based on which a charge sheet was framed and he was reported to the Stewards who held a meeting and conducted an enquiry on 9-1-2014, during which Trainer Mr. Tharun Thimmaiah and his spokesman Mr. S. Padmanabhan had made certain submissions. This apart the trainer had also given a letter to the Secretary, Bangalore Turf Club Ltd., dated 10th January 2014 together with the extract of Statement of Account of ING Vysya Bank Ltd., Race Course Road, Branch, pertaining to certain transaction involving his SB Account with them and by way of clarification gave one letter dated 11th January 2014 clarifying the transaction reflected in the Bank Statement.

Copy of the Minutes of the Meeting of the Stewards of the Bangalore Turf Club Ltd., of 9th January 2014; copy of the letter dated 10th January 2014 received from Trainer Mr. M.A. Tharun Thimmaiah addressed to the Secretary, Bangalore Turf Club Ltd., Bangalore, together with the copy of the relevant ING Vysya Bank statement and copy of the letter dated 11th January 2014 received from Trainer Mr. M.A. Tharun Thimmaiah addressed to the Secretary, Bangalore Turf Club Ltd., Bangalore were all furnished to you under the cover of our letter No.6429 dated 13-1-2014 . You were informed to appear before the Stipendiary Stewards for an enquiry in this connection on 16-1-2014.

In the light of the above and arising out of the enquiry held by the Stipendiary Stewards on 16th January, 2014 it has been observed that prima facie you are guilty of abuse/misuse of the Trainer's Licence granted to you under the BTC Rules of Racing in that :

(a) On your own admission, whereas you are the actual trainer of the horse b f FIORITTA and few other horses, you had utilized Mr. Tharun Thimmaiah as a name sake (i.e benami) Trainer in respect of these above referred horses and you have been receiving the Basis Maintenance Charges in respect of these horses through Mr. Tharun Thimmaiah who had claimed from Bangalore Turf Club Ltd and;

(b) That to circumvent the Stewards instructions as to the limitations on the number of horses that could be kept under the charge of a 'A' Licenced Trainer, you had intentionally kept the referred horses under the name of Mr. Tharun Thimmaiah.

The above conduct and actions on your part has resulted in you indulging in Fraudulent and Improper practice and conduct, unbecoming of a licenced professional in the performance of your duties thereby attracting the provisions of Rule No. 114(b) (I) and Rule No. 202 (I) (XIV) (XVI) of the BTC Rules of Racing and BTC Racing Calendar Notification under the heading "Trainers Licences" - as furnished below:

Rule No. 114(b) (I)

(b) In addition to or in lieu of any other penalties or punishments as may be laid down under these Rules of Racing, a Trainer may be fined, suspended or disqualified by the Stewards :-

(I) If his conduct or negligence or neglect in the performance of his duties as a licenced professional has led or could have led to a breach of the Rules of Racing;

Rule No. 202 (I) (XIV) (XVI)

(I) Any person who in their opinion has been guilty of any dishonest, corrupt, fraudulent, or improper practice or dishonourable action in connection with racing anywhere.

BTC Racing Calendar Notification under the heading:
"TRAINERS LICENCES"

In the Event of a licence being granted to the applicant, he must undertake:-

The Stewards noted that although he had named Mr. S Padmanabhan to be his spokesman subsequently volunteered to defend his case before the Stewards during this enquiry.

(I) The Stewards after duly considering the Charge Sheet together with the Annexures and after duly examining trainer Mr. Irfan Ghatala during the enquiry held on the said date and after detailed deliberations and after concluding the enquiry as regards this matter, the Stewards decided as under:

a) That Mr. Irfan Ghatala has abused/misused the Trainer's Licence granted to him under the BTC Rules of Racing. He on his own admission having under his training b f FIORITTA and few other horses which were the excess horses beyond his limit stipulated in terms of the norms for the grant of Licence as approved by the Stewards of the Bangalore Turf Club Ltd.

b) That he had for namesake gave it to Mr. Tharun Thimmaiah and made him act as a benami trainer for these horses.

c) That all connected activities pertaining to training in respect of these horses like feeding, working, declaration of Jockey's in races, man management etc was done by him although the horses were in the name of Mr. Tharun Thimmaiah.

d) That he has been claiming the Basic Maintenance Charges in respect of these horses from Mr. Tharun Thimmaiah.

e) As regards the trainer's commission accruing as the result of the participation of these horses in races, he used to receive 50% of the same from Mr. Tharun Thimmaiah.

f) That he was fully aware that he acted in the above manner knowingly that he was committing a breach of the Rules of Racing of the Bangalore Turf Club Ltd.

g) That on his own admission he had indulged in a fraudulent practice by keeping the horses which are actually under his charge in the name of another trainer, to deliberately circumvent the norms for the grant of trainer's Licence, and also receiving the Basic Maintenance Charges released by Bangalore Turf Club Ltd through another trainer, receiving 50% of the trainers commission and receiving payment to the tune of Rs.13.51 Lacs since 5th October, 2012 to 6th January, 2014.

(II) In view of the above the Stewards concluded that trainer Mr. Irfan Ghatala was guilty of (a) abuse/misuse of the Trainer's Licence granted to him (b) indulging in Improper practice and (c) Indulging in fraudulent practice all culminating in his conduct unbecoming of a licenced professional in the performance of his duties thereby attracting the provisions of Rule No. 114(b) (I) and Rule No. 202 (I) (XIV) (XVI) of the BTC Rules of Racing and BTC Racing Calendar Notification under the heading "Trainers Licences" as detailed in the Charge Sheet above.

(III) In the light of the above, the Stewards decided to declare trainer Mr. Irfan Ghatala a disqualified person under the BTC Rules of Racing with effect from 10-2-2014 to 31-3-2015 (both days inclusive) for indulging in Improper and fraudulent practice and conduct unbecoming of a licenced professional in the performance of his duties thereby attracting the provisions of Rule No. 114(b) (I) and Rule No. 202 (I) (XIV) (XVI) of the BTC Rules of Racing and BTC Racing Calendar Notification under the heading "Trainers Licences".

Sd/ - T. RAMAN,
Sd/- T.S.MAHENDHER

STIPENDIARY STEWARDS
27-1-2014 PUBLISHED BY THE ORDER OF THE STEWARDS