Mark Todd will be able to resume training again after being banned for four months, with two months deferred, at a British Horseracing Authority (BHA) independent disciplinary panel hearing on Thursday.
The New Zealander, who is primarily known for his exploits as a dual Olympic champion three-day eventer, was charged with conduct prejudicial to the reputation of racing (rule J.19) in February after a video emerged on social media of him striking a horse with a branch in August 2020.
In the clip, Todd appears to be teaching a cross-country schooling session where one rider is struggling to get a horse into the water jump, with the 65-year-old – who was knighted in 2013 for his services to equestrian sport – then brandishing a branch and striking the horse several times on the hindquarters.
He issued a statement apologising for his actions, but Todd’s licence was temporarily suspended by the BHA on February 16th pending an initial hearing on March 24th, which was open to the media but adjourned due to legal issues.
Todd’s case was then heard privately on Thursday morning, with panel chairman Judge Brian Barker announcing the suspension for the Wiltshire handler.
Barker explained that the BHA and Todd’s legal representatives had reached a “common ground” with regards to his sanction.
“In the course of discussion, it appeared that there was some common ground and the potential for advancement,” said Barker.
“The parties retired for further consideration and in due course reached a potential basis of plea between the parties for consideration by the panel.
“The basis of the plea, point one, is that whilst the matters concern the sport of eventing, as a consequence of Sir Mark being licensed by the BHA his actions outside of the immediate confines of horse racing are capable of giving rise to a breach of rule J.19.
“Secondly, those who are more likely to be in the public eye must expect a greater level of scrutiny by the public.
“Thirdly, in terms of the unedited footage, the parties agree on a number of sub-points.
“Sub point one is that the horse showed no sign of fear or distress at any time, two: the welfare of the horse in the footage does not appear to have been compromised and the BHA does not suggest it was compromised.
“Point three is that Sir Mark is calm in his attempt to encourage the horse to drop into the water, having first satisfied himself that the horse was capable of doing so and had no fear of doing so.
“Fourthly: those who witnessed the incident raised no objection or complaint, fifthly: the use of a light branch rather than a manufactured whip, such as the ‘ProCush’ variety used in horse racing and eventing, was not appropriate, particularly given the perceptions of its use in some quarters.
“Point six is the perception risks, and it is accepted to some degree that he [Todd] will have damaged the good reputation of horse racing.
“Point seven is that it [the footage] has been widely reported and that reporting increases the risk of damage as it brings the footage to the attention of a larger audience.
High bar
“Point eight accepts that the consequence of achieving a high level of success in sport is that the public is more readily able to identify an individual and that their actions, as a consequence, can be expected to be scrutinised by a wider audience. It is accepted that individuals that benefit from success must also be aware of the additional responsibility that that success might bring.”
Barker made reference to a number of testimonials from Todd’s owners and colleagues but ultimately expressed that his actions had been deemed unacceptable by the BHA.
“In the view of the panel, the action of Sir Mark could not be condoned in any form and his prominence and achievements have set a high bar of behaviour,” Barker said.
“The appropriate sentence is one of four months suspension, with two months of that deferred for two months.
“That means that the eight weeks that he has already served is sufficient and that Sir Mark is able to operate under his licence immediately and that further, providing that there are no transgressions in the next two months until the June 14th , then that deferment will disappear.”
Given Todd has already served a two-month ban, he will now be able to make entries with immediate effect.
Todd took out a British training licence in 2019 following his illustrious eventing career, saddling his first of 14 winners to date with Petit Bay in June 2020, while last year’s King Edward VII Stakes runner-up Tasman Bay ranks as his best horse on the track so far.
