The Referrals Committee, Sean Barry, (in the chair), T.L. Crawford and N.P. Lambert met at the Turf Club, Curragh, Co. Kildare on Monday, 10th April 2017 to consider the referral of Denis Gerard Hogan (Trainer) by the Stewards at Dundalk on 6th January 2017 following the running of the Marshes Shopping Centre Handicap.

On the day the Stewards had enquired into the apparent improvement in form of Free State (GB), trained by Mr. Hogan, placed first, compared with its recent form. They heard evidence from the trainer's representative, Wesley Hayes, who stated that the horse made a respiratory noise at Gowran in August and was subsequently operated on for his wind and given a break. Mr. Hayes added that the horse returned at Dundalk on 9th November 2016 and was noted to be blowing hard post race, possibly having needed the run. He did not have any aids applied on that occasion and again on his last start on 18th November 2016. He said that the return to form was attributed to the application of blinkers and a tongue tie. The Stewards had also heard evidence from the Senior Rules Of Racing Turf Club Handicapper, Garry O'Gorman who stated that the win represented a significant improvement on recent form.

Having considered the evidence the Stewards were of the opinion that the failure to report that the horse made a respiratory noise at Gowran was a breach of Rule 213(ii) and therefore referred the matter to the Referrals Committee under the provisions of Rule 213(iv).

Evidence was heard from Denis Gerard Hogan who denied that the horse had made a respiratory noise after the horse’s run at Gowran. However he accepted that this was the evidence given incorrectly by his authorised representative at Dundalk.

Having considered the evidence the Referrals Committee found that Denis Gerard Hogan was in breach of Rule 213 (ii) based on the evidence given at Dundalk and imposed a fine of €200.

The case was presented by Shay Quinn, Stewards Secretary.