Mrs. Maureen Danagher, Trainer, / David F. Flannery, Jockey,

Referral  -  Limerick, 12th November, 2007.

The Referrals Committee, Dr. Gordon A. Holmes (in the Chair), Mr. P.J.A. O’Connor and Mr. C. Cunningham, met in the Turf Club Offices, The Curragh, Co. Kildare, on Wednesday 6th February, 2008, to consider a referral from the Acting Stewards at Limerick on 12th November, when following the running of the December 26-29 Christmas Racing Festival Maiden Hurdle, Division Three, the Acting Stewards enquired into an apparent improvement in form of the winner “Windix (FR)”, trained by Mrs. Danagher, compared to his immediate previous two runs at Cork on 21st October, 2007, and Tipperary on 9th October, 2007.  Having considered evidence from the Trainer, the Rider, the Stewards Secretary, and the Handicapper, the Stewards referred Mrs. Danagher and D.F. Flannery to the Referrals Committee. 

Evidence was heard from Mrs. Maureen Danagher, Trainer, D.F. Flannery, Rider, Mr. Andrew Shaw, National Hunt Handicapper, Mr. Hugh Hynes, Turf Club Betting Analyst, and viewed films of the races in which the horse had run.

Having considered the evidence the Referrals Committee decided that Mrs. Danagher was technically in breach of Rule 212 by virtue of her liability as a Trainer under Rule 148 (i) but in the circumstances her explanation was accepted.  However Mrs. Danagher was fined €200 for a breach of the Instruction under the heading “Running” in that she failed to advise that the horse had a substantial nasal discharge two days after running at Cork.  David F. Flannery was found in breach of Rule 212 and fined €1,500.

Mrs. Danagher was represented by Mr. A.R. Coonan of Coonan Cawley Solicitors, Naas, Co. Kildare, and the case was presented to the Committee by Mr. Brian Price of Wilkinson and Price Solicitors, Naas, Co. Kildare.