UPON hearing Counsel, Mr. Paul Higgins, for the Applicant, and Counsel, Mr. Tim James-Matthews, for the Repondent
AND UPON the following definitions applying below:
(i)
"Racecourse": the buildings and land situated at and comprising any of the following: Aintree, Carlisle, Cheltenham, Exeter, Epsom Downs, Haydock Park, Huntingdon, Kempton Park, Markey Raisen, Newmarket, Nottingham, Sandown Park, Warwick and Wincanton racecourses; "Racetrack": the land at a racecourse between the viewing rails along which horses run competitively at organised meets, save for any land over which lawful visitors to the racecourse may ordinarily cross from one side of the racetrack to another with authorisation given from time to time by a steward, police officer and/or agent of the Applicant and when such authorisation has been given at that time.
(ii)
(iii) "Horse Race": an organised race between horses at any racecourse on any occasion when members of the public are routinely permitted to be present on the racecourse by the Applicant, whether for a fee or otherwise. AND UPON the Respondent admitting that he is in breach of the injunction order made by Sir Anthony Mann on the 26th May 2023 by reason of him, on 3rd June 2023 (i) having entered the racetrack at Epsom racecourse during the running of the Derby, and (ii) intentionally obstructing the running of the Derby on that occasion
AND UPON the Applicant and Respondent agreeing the following:
1. The horses were approximately 1.4 miles away from the Respondent at the time he went onto the racetrack. 2. The horses were approximately 1.15 to 1.2 miles away from the Respondent at the time he was removed from the racetrack. 3. The horses were approximately 2 minutes 21 seconds to 2 minutes 24 seconds away from the Respondent when he entered the racetrack and approximately 1 minutes 58 seconds to 2 minutes 2 seconds away from him when he was removed from the racetrack. 4. In accordance with British Horseracing Authority ("BHA") protocols, a specific procedure was in place to stop the race in the event of a major hazard. This procedure required that orange/yellow Stop Race flags be deployed and waved by pre-determined racecourse personal on the instruction of the Clerk of the Course. In addition, the person(s) deploying the flags were required to blow a Fox 40 whistle to ensure riders were aware of their presence. Further to the above there
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