Cosgrave right to appeal
Author: Nicholas Godfrey
29/03/2014
DRACO was an Athenian law scribe under whom small offences carried
heavy punishments. Hence Draconian laws, and hence the modern use of the word
‘draconian’ as an adjective to describe an excessively harsh or severe
sentences. Which is where we get Pat Cosgrave, handed a six month suspension
for his ride on the Mike de Kock-trained Anaerobio after the horse finished two
lengths third to better fancied stablemate Vercingetorix three weeks ago in the
Jebel Hatta. While it is seldom appropriate to talk about a case that is still
ongoing - understandably, this one is under appeal - let’s make an exception in
this instance, where ‘draconian’ seems the perfect word to describe Cosgrave’s
ban. Or perhaps punitive, heavy handed, cruel or singeing - certainly in comparison
to what might happen in other major racing nations. The stewards found Cosgrave
guilty of a serious breach of their improper riding rule when angling out from
the rail aboard Anaerobio, leaving
a corridor for stablemate Vercingetorix to go through. It was far from a subtle
manoeuvre: Cosgrave had a look over his shoulder before moving out and the
Racing Post analysis was blunt, saying “some team tactics were in evidence”.
However, it would appear the Emirates stewards did not agree entirely, since Cosgrave
alone has been singled out for punishment, with those set to benefit - the
trainer, jockey and owner of the winner, for example - left without stain or
reprimand. Anyone who watched the race could reasonably infer that Anaerobio, a
beaten horse, had left the rail so as not to impede his stable companion. But
let’s be clear: he was not ‘stopped’; Cosgrave plainly did not transgress to
the extent that he deliberately prevented his own horse from winning. Indeed,
while betting is banned in Dubai,
it is worth noting that the unbeaten Vercingetorix was 2-1 favourite while
Anaerobio was a 20-1 shot with British bookmakers. Nobody was crying foul. The
rules of racing differ around the world - oh, for a comprehensive set of
guidelines - and Cosgrave’s riding of Anaerobio might well have been applauded
elsewhere. In Ireland, for
example, where Richard
Hills did exactly the
same on outsider Give The Slip in the 2001 Irish Champion Stakes at
Leopardstown, opening up a clear route on the rail for his Godolphin stable
companion Fantastic Light to win. Chief rival Galileo, who was forced wide, was
only a head away in second; the difference may well have been the extra ground
he had to cover. As my Racing Post colleague Peter Thomas wrote in a column
last week: “Nowhere is it disputed that the crucial manoeuvre by Richard Hills on Give The Slip was anything but
a premeditated and well-executed strategy to confer an advantage on his
stablemate.” Ballydoyle actually tried much the same thing in attempting to
dethrone the great Sea The Stars in the 2009 Juddmonte International at York, though the plan
happily came unstuck when Mick Kinane simply followed Mastercraftsman through
the gap between the other two O’Brien runners. They employed similar tactics at
Royal Ascot in 2008 when Honoured Guest left the rail free for Haradasun in the
Queen Anne. No action was taken there, but they also got in trouble in Australia for
team tactics in the Emirates Melbourne Cup - but could it not be said that any
use of pacemakers is tantamount to team tactics? All around the world - well,
nearly - such team tactics are part and parcel of the sport. If Cosgrave has
indeed transgressed the local rules then he should expect a punishment. But six
months? There is a direct comparison from England, where a rule also exists
saying that riders “shall not make a manoeuvre in a race in the interests of
another horse in common ownership.” Back in 2008, Aidan O’Brien was fined
£5,000 after he and then stable jockey Johnny Murtagh were found in breach following
a British Horseracing Authority inquiry into alleged team tactics, again in the
Juddmonte International, run that year at Newmarket
instead of York.
Ballydoyle stalwart Colm O’Donoghue also admitted a breach at the same hearing
after pulling the pacemaker Red
Rock Canyon
away from the rail half a mile from home to allow Murtagh a clear passage on
the winner Duke Or Marmalade. In this instance, O’Donoghue was playing Cosgrave
to Murtagh’s Soumillon. Murtagh admitted they had planned the move and both he
and O’Donoghue were banned. For seven days. Under Emirates rules, I would not
expect the Cosgrave verdict to be overturned. The excessive punishment, on the
other hand, is a different matter. To take away a man’s livelihood for
something that might merit a slap on the wrist in other racing jurisdictions is
just too harsh. And if the severity of the ban is not reduced on appeal, let’s
just hope the BHA refuse to reciprocate the ban and Cosgrave is free to ride in
Europe. It would be a big call, given Dubai’s status, but there is a precedent involving
similarly stiff penalties meted out in India. Now which racing nation
would Dubai
rather be compared to? Britain
or India?
