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Albert Moriarty (Restricted Trainer) Referral - Random stable inspection, 20 January 2015

 

The Referrals Committee, Sean Barry (in the chair), Philip Caffrey and Robert Dore met in the Turf Club, The Curragh, Co. Kildare on Wednesday, 4th March 2015, to consider whether or not Albert Moriarty, Restricted Trainer, was in breach of any rules as a result of a random stable inspection carried out at his Training Establishment on 20th January 2015 by Turf Club officials Michael O’Donoghue and Nicola O’Connor M.V.B.

During the inspection they found a number of anomalies including that:
i) Canon Law had not been returned out of training;

ii) Canon Law had run at Dundalk on 16th January 2015 in the name of Albert Moriarty despite being owned by Michael Flannery and/or Paddy Merrigan;

iii) Red Laser had run at Dundalk on 9th January 2015 in the name of Albert Moriarty despite also being owned by Michael Flannery and/or Paddy Merrigan;

iv) A Racing Establishment Employment Card had been issued for Ciara Mannion even though she was not employed by Mr Moriarty;

v) The stables, horse walker and gallop were in poor condition with the horse walker and gallops being described as “not fit for use”.

The matter was referred to the Referrals Committee by Denis Egan, Chief Executive of the Turf Club.

Evidence was heard from Michael O’Donoghue and Albert Moriarty. The Committee also considered a written report on the visit which was completed by Michael O’Donoghue and Nicola O’Connor M.V.B.

In his evidence Michael O’Donoghue outlined the main findings from his visit to Albert Moriarty’s Training Establishment on 20th January 2015.

In his evidence Albert Moriarty accepted the points made by Michael O’Donoghue. He said while he had a lease from the owners of Canon Law and Red Laser, it had not been registered as he was unaware that a registration was necessary.


Mr Moriarty said he had also made big improvements to his Training Establishment since the visit and referred to a new cleaning regime for the stables which is now in place. He also said there have been significant upgrades to the horse walker. In relation to the gallops, he said he accepted they were in poor condition but attributed this to the adverse weather conditions at the time of the visit.

Having considered the evidence, the Committee found that Albert Moriarty was in breach of:

i) Rule 148(vi) for failing to return Canon Law out of training. He was fined €130 in respect of this rule breach.

ii) Rule 149(ii) for applying for a Racing Establishment Employment Card for Ms Ciara Mannion even though she was not employed by him. He was fined €130 in respect of this rule breach.

iii) Rule 273(xiii) for allowing Red Laser and Canon Law to run in his name at Dundalk on 9th and 16th January respectively even though they were not his property and there was no lease agreement in place.

The Committee noted that this was a very serious breach of rule which would normally attract a disqualification. However, on the basis that Mr Moriarty did not knowingly set out to mislead anyone and in view of the way he met the case, the Committee imposed a fine of €2,500.

The Committee also asked that Mr Moriarty’s yard be randomly re-inspected at some time in the future to confirm that the higher standards alluded to by Mr Moriarty remain in place.

The case was presented by Conal Boyce, Solicitor, Naas, Co. Kildare.


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