The Referrals Committee, Dr. Gordon A. Holmes (in the Chair), Mr. Edward Flannery and Mr. P.J.A. O’Connor met at the Turf Club, The Curragh, Co. Kildare on 11th November 2009 to consider the referral of Paul Carberry, rider, by the Acting Stewards at Naas on 31st October 2009 following his failure of an alcohol breath test prior to racing.  As a result Paul Carberry was suspended from riding on the day at Naas and the matter was referred to the Referrals Committee in accordance with the provisions of Rule 14(i)(c).

Evidence was heard from Dr. Adrian McGoldrick, Senior Turf Club Medical Officer and Paul Carberry.

Having considered the evidence the Committee noted the seriousness of the offence and the fact that it was Mr. Carberry’s second such offence.  In arriving at their decision the Referrals Committee was also conscious of their role in ensuring the continued safety of racing which inherently contains dangers.  They took into account assurances given by Mr. Carberry’s solicitor in relation to certain matters.  Having taken everything into consideration, the Committee fined Paul Carberry €5,000 and suspended him for 30 racedays (25, 26, 28, 29 November 2009, 2, 5, 6, 11, 12, 13, 18, 19, 20, 26, 27, 28, 29, 31 December 2009, 1, 2, 3, 7, 9, 10, 14, 16, 17, 21, 23, 24 January 2010).

The case was presented by Mr. Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.  Mr. P. Carberry was represented by Mr. Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.