Trainer Dan Skelton found to have deliberately misled BHA as findings released in George Gently case

Dan Skelton engaged in “deliberate attempts to cover up” his breach of the trainers’ code of conduct relating to the sale of George Gently to a syndicate but did act honestly and with good faith when advising on the purchase, according to the findings by the disciplinary panel chair Sarah Crowther KC published on Monday.

Skelton was fined a total of £6,000 for one breach of the trainers’ code of conduct in that he did not disclose to the syndicate purchasing George Gently that he would financially benefit from the sale, and for one breach of rule (J) 24 that a person must not mislead the BHA.

George Gently was sold privately to a syndicate for £130,000 in October 2016 after he had finished second on his debut for Skelton and owners David Futter and Christopher Edwards at Enghien in France.

It was subsequently discovered that Skelton received a payment of £42,033 from Futter, with the syndicate alleging the trainer held a secret one-third share in George Gently as the sum was equivalent to one-third of the sale price minus a bloodstock agent’s 2.5 per cent commission.

Skelton denied ownership and Crowther accepted the trainer received the payment for training fees owed on other Futter-owned horses in the yard. This arrangement should have been disclosed, Crowther said, and this constituted a breach of the trainers’ code of conduct.

The findings were highly critical of Skelton’s conduct in the period after the complaint about the sale was lodged in July 2018, with the trainer having displayed “a pattern of behaviour involving deliberate attempts to cover up his previous breach of the code of conduct”.

Skelton initially told BHA investigators that he had no documentation about his arrangement to be paid in arrears following the sale of Futter-owned horses and no invoice relating to any payment. However, he subsequently presented an invoice for the full amount detailing costs for training fees and transport after the BHA reopened its investigation in July 2021 having initially closed it following a misinterpretation of its own rules.

George Gently: sold for £130,000 to a syndicate in October 2016Credit: Grossick Racing

Only in August 2022 was the original invoice sent by Skelton to Futter, which stated the amount owed was for “33.3% purchase of George Gently”, disclosed to the syndicate as part of High Court proceedings, with Skelton’s legal team stating the invoice containing the training fees breakdown was created to “accurately reflect” what the original invoice was raised for.

The case was settled out of court last summer with the invoice then presented to the BHA. In her findings, Crowther said she agreed with the BHA’s inference that Skelton would not have revealed the invoice had it not been for High Court disclosing obligations.

The findings state Skelton’s “opinions about the horse’s quality and value were honestly held and given in good faith”, that he did not act as an agent in the sale and that he did not make an “excessive profit” but instead “the financial benefit which he obtained was rather less than he was actually fairly owed in training fees and expenses”.

They also reprimanded the trainer as “the truth regarding the invoices was only revealed by stages and in each case only when Mr Skelton had little choice but to confess”.

Crowther said Skelton “expressed his deep regret for his behaviour in seeking to hide his breach . . . and has offered an unreserved apology to the BHA”. She added: “In my judgement Mr Skelton has learned a valuable lesson from his experiences in this case. I am satisfied that he is unlikely to behave the same way in future.”

On Saturday, the findings were disclosed by Skelton on social media with the trainer saying he was able to have his “first full night of sleep in 2,049 days”. 

In a statement on Monday, the BHA it was “satisfied” with the outcome of the case and that the fine was “significant” as was Skelton’s acceptance of the breaches.

The BHA added it would “consider all of the relevant factors that led to this case playing out as it did to understand what, if any, improvements can be made to our regulatory processes”.

Read more:

Dan Skelton says he will have ‘first full night of sleep in 2,049 days’ after six-year George Gently case concludes with £6,000 fine  

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