The Appeal That Wasn’t Filed
By Sharan Kumar
Racing has an enduring faith in process, particularly
when process arrives ahead of thought. When a beaten favourite demands an
explanation, judgement tends to outrun evidence. Suspensions are imposed, order
is restored, and the system moves on, satisfied that action has been taken.
What follows, when the horse itself later supplies the explanation, is a
chapter racing prefers not to reopen.
The story usually begins with a mock race. A sanitised
exercise, free of pressure, rivals, or consequence. No reason for the horse to
betray inconvenient weaknesses such as an inability to breathe when challenged.
The horse impresses, the clock nods, and expectation does the rest.
Race day is less forgiving.
Crowded and pressured, the favourite suddenly
discovers the limits of its airway. The jockey adjusts, exchanging ambition for
realism. The crowd does not. An enquiry is inevitable.
Replays are slowed. Hands are dissected. Motive is
inferred, and the horse’s respiratory system, having passed its rehearsal, is
granted unquestioned credibility. The stewards then compare the ride with a
classic victory in which the same jockey came from last, overlooking the
inconvenient detail that the classic winner had proven merit and working lungs,
and conclude that what happened once must always be possible; a suspension
follows, authority is asserted, and public indignation is soothed.
There is, of course, an appeal process.
But appealing requires belief. Belief that the same
ecosystem that authorised the suspension will enthusiastically question it.
Belief that an appeal board will risk appearing corrective rather than
consistent. Belief, in short, is scarce.
So the appeal is not filed.
Weeks pass. The horse runs poorly again. And again.
Eventually, a scope reveals a laryngeal abnormality, efficiently explaining why
mock races flatter and competition exposes. Medical evidence arrives late, when
it is no longer disruptive.
Nothing changes.
The jockey serves the suspension. The stewards retain
their authority. The appeal board retains its posture. The mock race exits
memory without ceremony. Only the horse carries proof.
Racing proceeds, reassured that while horses may gasp
for air, procedures remain well oxygenated.
The final irony is neat and untroubled. When medical
evidence later explains the performance, there is no mechanism to explain the
punishment. The record stays clean, the suspension intact, and the possible
error safely embalmed as precedent. Justice, it appears, requires no review,
only compliance. Accuracy is negotiable. Consistency is not.
The horse in question had not raced for over a year.
Its only preparatory outing was a mock race, where it appeared impressive but
crucially, without pressure or race-day intensity. In its limited career, the
horse had run only twice and finished more than ten lengths behind on both
occasions. It was, by any reasonable assessment, a horse of unproven merit.
In such circumstances, the benefit of doubt ought to
rest with the jockey. Stewards are expected to conduct a complete and
dispassionate study before arriving at any recommendation. That is precisely
why enquiries should never be conducted in the heat of the moment. Immediate
action often stems from the need to be seen as acting, to placate members and
the public, rather than from a calm evaluation of facts.
No appeal was preferred. Experience suggests that
Appeal Boards are generally reluctant to overturn the decisions of the
Stewards, perhaps out of institutional loyalty or external pressure. The
prevailing belief is that an appeal is unlikely to succeed, particularly when
the same ecosystem influences both tiers of authority.
Even in the Trevor Pate case, the outcome illustrated
this inconsistency. Either the offence warranted a longer suspension, or it did
not warrant a suspension at all. An accusation of incompetent riding is a
serious charge, one that can stain a jockey’s reputation permanently. Yet there
appeared to be no meaningful attempt to ascertain whether the horse was
physically sound, whether it had suffered an injury, or whether there were
stable-related issues that could explain its performance.
In India, Appeal Boards have rarely gone against the
Stewards’ decisions. While some members may be immune to pressure, it would be
naïve to assume that all are. The result is a system where authority is seldom
questioned, errors are seldom acknowledged, and justice, at times, appears more
procedural than substantive.
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