Trainer Tim McCarthy is facing one breach of rule D1, which relates to failing to take all reasonable steps to ensure the safety and welfare of a horse in his care. The charge is related to the fatal injury of Mindurownbusiness at Lingfield on April 10, 2021. The horse had never shown any signs of lameness before the incident, according to McCarthy, who has denied the charge.
During the disciplinary hearing, McCarthy also faced a charge under rule D32, which relates to failing to obtain advice from a vet as to the appropriate level of training for a horse affected by an injury. However, the panel dismissed the charge as it did not relate to the horse’s return to racing.
The hearing heard evidence from McCarthy, who stated that jockey Martin Dwyer had been lying when he told the panel that he had not told the trainer Mindurownbusiness had taken just “a misstep” during a mile handicap at Lingfield in March 2021. Dwyer had ridden the horse in his first two races back before Cieren Fallon took over.
Dwyer had reported his concerns to BHA officials, resulting in the horse being inspected by vets. McCarthy expressed his disappointment in Dwyer, saying he felt let down and that the jockey was lying about the misstep.
McCarthy also denied claims made by Kate Bradley, who had worked with Mindurownbusiness when he was in training with Roger Varian, that he had told her the horse had not been in fast work to ensure he passed the raceday vet.
Evidence was also provided by Alan Spence, the former owner of Mindurownbusiness, who gifted the horse to McCarthy in November 2020 after a period of over two years in recuperation and pre-training following a tendon injury.
Character witness statements for McCarthy were provided by Varian, Johnston, Nicky Henderson and Clive Cox, while Stephen Piper, who took over ownership of Mindurownbusiness from Spence, also attested to the horse’s wellbeing and readiness to race.
The final submissions are set to be made on Wednesday with the panel intending to deliver a verdict before the end of the day.
