Racing:Solicitors acting for Karl Burke confirmed this evening the North Yorkshire trainer intends to appeal after being disqualified for 12 months following a British Horseracing Authority (BHA) inquiry into alleged race-fixing.
Burke has been enjoying a fine season and recently saddled Lord Shanakill to Group One success in France. Former owner Miles Rodgers has been warned off for life, the BHA also confirmed.
The BHA announced an investigation after concluding its review of evidence from the Old Bailey trial in 2007, where jockeys Darren Williams, Fergal Lynch, Kieren Fallon plus Rodgers were all acquitted of any wrongdoing.
Fallon did not have to face any further charges from the racing authorities but Williams, Lynch and Burke — who was arrested but released without charge as part of the original police investigation — were called before the disciplinary panel along with Rodgers.
Both jockeys and Burke faced charges concerning their relationships with Rodgers and whether they supplied him with inside information over 12 races in 2004.
Lynch and Williams admitted those charges on the first day of the hearing as well as failing to supply information requested by the BHA team.
Lynch also owned up to a charge of betting via Rodgers and stopping a horse from running on its merits.
Williams was banned for three months while Lynch, who is now based in America, paid a €58,000 fine and agreed not to apply for a British licence for 12 months.
Confirming Burke intends to appeal, the trainer’s solicitors, Bark & Co, issued the following statement: “Earlier today the BHA imposed on Karl Burke a penalty of 12 months disqualification for providing inside information and associating with a warned off person Miles Rodgers.
“These breaches occurred in unusual circumstances in 2004. Mr Rodgers had been an owner of horses and co-investor in land at Mr Burke’s yard at Spigot Lodge. This business relationship was on-going at the time Mr Rodgers was warned off and continued for a short period thereafter. During this period of contact Mr Burke also had some associations with Mr Rodgers connected with horse racing including the imparting of opinion on the running of six horses and the sale of the horse Khanjar.
“Mr Burke received no payment from Mr Rodgers for providing his opinion on these races. He spoke to Rodgers about these races in order to prevent any difficulty in the replacement of Rodgers as an investor at Spigot Lodge.
“Mr Burke was misguided in associating with Mr Rodgers in this way and has admitted these failings. He does not dispute being liable for a penalty for these breaches but the penalty imposed by the BHA today is unfair and excessive. This penalty far exceeds that which might reasonably have been expected particularly with regard to the penalties imposed on Fergal Lynch and Darren Williams”.
The BHA disciplinary panel decided to postpone the start of Burke’s penalty until the day after the time allowed for lodging an appeal — ie until July 28th — because “it would be wrong to cause what may be irreparable damage to Burke’s business in that time if he does intend to appeal.
“It will be for the appeal board to decide whether to extend that stay of the penalty if he does in fact appeal.
“It will also enable Burke to make the application his counsel foreshadowed at the hearing for some form of dispensation from the full effects of a disqualification if he still wishes to do so.
“As the panel do not know of the grounds for such an application, this should not be seen as any encouragement to make it or to think that it might be granted, but it is right to identify that Burke has the opportunity.”