The Referrals Committee, Mr. Justice Brian McGovern (in the chair), Mr. Nicholas Wachman and Mr. Peter M. Allen convened at the Offices of the Irish Horseracing Regulatory Board on Monday 17^th, Tuesday 18^th, Wednesday 19^th and Thursday 20^th October 2022 to consider the referral of Ronan McNally (Trainer), David Dunne (Trainer), Mark Enright (Rider), Darragh O’Keeffe (Rider), Mr. Eoin O’Brien (Rider), Ciarán Fennessy (Point to Point Handler), Mr. Liam Fennessy and Mr. Aaron Fennessy.

 

The referral hearing followed an investigation by the Irish Horseracing Regulatory Board into the improvement in form of a number of horses owned by Mr. McNally.

 

At the referral hearing, evidence was heard from Mr. McNally, Mr. Dunne, Mr. Enright, Mr. O’Keeffe, Mr. O’Brien, Mr. Ciarán Fennessy, Mr. Chris Gordon, IHRB Head of Security & Investigations, Mr. Michael O’Donoghue, IHRB Stipendiary Steward, Mr. Garry O’Gorman, IHRB Senior Flat Handicapper, Mr. Mark Bird, IHRB Flat Handicapper, Mr. Andrew Shaw, IHRB Senior National Hunt Handicapper, Mr. Shay Quinn, IHRB National Hunt Handicapper, Dr. Sarah Ross, IHRB Veterinary Officer, Mr. Ian Devlin, Paddy Power Betfair, Mr. Alan Creighton, Irish Equine Centre and Mr. William Sharpe, Lisadelle Equine Hospital.

 

Having heard all the evidence and submissions, the Referrals Committee adjourned to consider the case in its entirety and have issued their findings in relation to the alleged charges which are outlined below. A date for a sanctions hearing will be set in due course and a full written decision will be issued thereafter.

 

 

Alleged breaches of the Rules by Mr. Ronan McNally

 

CHARGE 1

Rule 148(i). It is alleged  Mr. McNally (i) failed to seek adequate veterinary care for Dreal Deal, and/or (ii) that he ran the horse when it was not right and /or (iii) that he endangered the welfare of animals by personally using an endoscope device on his horses.   The Committee accepts the evidence of Dr. Ross that the insertion of an endoscope is a veterinary task that should be carried out by a registered veterinarian and  it is undesirable for a trainer who is not a veterinarian to carry out such a procedure as it could cause injury or trauma to the animal.  At the hearing the Board made the case that endoscopic examination should be carried out by a veterinarian but did not establish that, in the examples referred to, that there was a breach of this Rule.

The Committee makes no finding against Mr. McNally under this Charge.

 

CHARGE 2

Rule 148(v)(f).  It is alleged that Mr. McNally failed to properly school both Dreal Deal and/or The Jam Man for exiting starting stalls in preparation for their maiden flat races.

The Committee finds this allegation proved.

 

CHARGE 3

Rule 213(iv). It is alleged that Mr. McNally, as trainer of Dreal Deal and/or The Jam Man failed to report, in accordance with Rule 213(ii) and Rule 213(iii) matters which might have affected the running of these horses during races and/or matters which subsequently came to his notice and might have had a bearing on their past and/or future running.

 

In the case of Dreal Deal these breaches occurred at the following venues and dates:

Limerick, 7 December, 2019, 28 December, 2019, Clonmel 24 March, 2020, Gowran Park 17 June, 2020, Curragh 10 July, 2020, and Cork 8 August, 2020.

 

In the case of The Jam Man these breaches occurred at the following venues and dates:

Gowran Park 17 June, 2020, and Navan 3 July 2020.

 

Mr. McNally admitted that he failed to advise of concerns raised by the Irish Equine Centre involving Dreal Deal and that, throughout the campaigning of the horse, he failed to disclose matters concerning its health and condition and/or running and riding issues. He also admitted that he failed to report that The Jam Man bled at Cheltenham on 12 March, 2020.

Of the matters not admitted the Committee is satisfied on the evidence that the breaches alleged under this heading have been proved.

 

CHARGE 4

Rule 212. It is alleged that Mr. McNally failed to ensure that his horses ran on their merits and/or that he used the racecourse as a training ground by running horses insufficiently schooled, in order to obtain handicap marks not reflective of their ability in advance of their handicap run.  The evidence is to be found in a pattern of running of his horses in a number of races already referred to in this report.

The Committee finds that he used the racecourse as a training ground when The Jam Man was ridden by Mr. McNally himself at Navan on 3 July 2020, and Dreal Deal was ridden by Mr. O’Brien at the same venue on that date.

The Committee finds that this allegation is proved.

 

CHARGE 5

Rule 212A(i). It is alleged that Mr. McNally, as the rider of The Jam Man on 3 July 2020 at Navan deliberately permitted the horse to run other than on his merits, in that he deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.

The Committee finds this allegation is proved.

 

CHARGE 6

Rule 272.  It is alleged that Mr. McNally, as a restricted trainer licensed by the IHRB, from 28 September, 2019 to the present, has conducted the training and running of his horses in a manner which is prejudicial to the integrity, proper conduct and good reputation of horseracing.

The Committee finds that this allegation has been proved.

 

CHARGE 7

Rule 273(vi). It is alleged that Mr. McNally deterred and/or prevented and/or conspired to deter and/or prevent both Dreal Deal and/or The Jam Man from running to their maximum ability in their maiden flat races.

The Committee finds that this allegation has been proved.

 

CHARGE 8

Rule 273(viii). It is alleged that Mr. McNally conspired with Mr. Ciarán Fennessy and/or Mr. Liam Fennessy and/or Mr. Aaron Fennessy and/or others to engage in a corrupt and fraudulent practice in relation to the passing of inside information for betting purposes and/or concealing the true ability of horses in order to obtain handicap marks not reflective of their ability.

The Committee is satisfied that this allegation is proved in the case of Mr. McNally insofar as his interaction with Mr. Ciarán Fennessy is concerned.  The remaining parts of the charge are not proved.

 

CHARGE 9

Rule 273(xiii). It is alleged that Mr. McNally, through the following conduct as a licensed trainer caused serious damage to the interests of horseracing in Ireland:

1. Failing to seek adequate veterinary care for Dreal Deal despite concerns raised about the wellbeing of the horse by riders following poor racecourse performances and on the basis of his own stated belief that the horse was suffering from Aspergillosis;
2. Using the racecourse as a training ground and schooling in public with the objective of acquiring a lenient official handicap rating for his horses;
3. Achieving a pattern of improvement in form of horses at a level previously unfamiliar to experienced and long-serving handicapping officials;
4. Securing a pattern of organising betting coups in association with improvement in form;
5. Passing information about the condition and wellbeing of Dreal Deal to allow others profit from betting on the horse with a betting organisation;
6. Concealing his ownership of horses in other training yards and organising the manipulation of official handicap ratings for All Class and Full Noise and subsequent improvement in form, and/or
7. Treating the Rules of Racing in a cavalier manner as described above but also in terms of disregarding the need to report a series of issues under Rule 213 relevant to the proper conduct and management of horseracing.

The Committee is satisfied that items 2,3,5,6 and 7 have been proved on the evidence.

 

CHARGE 10

Rule 273(xiv)5. It is alleged that Mr. McNally conveyed information to Mr. Ciarán Fennessy and/or Mr. Liam Fennessy, not in the public domain, about the condition or wellbeing of Dreal Deal (which may have negatively affected its likely performance) in races at Clonmel on 4 March and/or 24 March, 2020, in circumstances where he knew or ought reasonably to have known that such information may be used for the purposes of backing the horse to lose with a betting organisation.

The Committee finds this allegation proved in respect of Mr. Ciarán Fennessy but not in respect of Mr. Liam Fennessy.

 

CHARGE 11

Rule 121(vii). It is alleged that Mr. McNally failed to lodge the correct ownership details with the Registry Office in Horse Racing Ireland before entering and/or running All Class, Full Noise, and Petrol Head in respect of the following races:

All Class- trained by Patrick Griffin:

1. 27 March, 2019 Limerick
2. 28 March, 2019 Leopardstown
3. 11 January, 2020 Fairyhouse
4. 26 January, 2020 Navan
5. 2 March, 2020 Leopardstown
6. 17 March, 2020 Wexford
7. 22 March, 2020 Downpatrick
8. 24 March, 2020 Clonmel
9. 15 June, 2020 Roscommon
10. 7 July, 2020 Killarney
11. 14July, 2020 Tipperary

 

All Class- trained by David Peter Dunne:

1. 6 November, 2020 Curragh
2. 10 December, 2020 Tramore
3. 20 January, 2021 Dundalk
4. 5 February, 2021 Dundalk
5. 5 March, 2021 Dundalk
6. 27 March, 2021 Navan
7. 8 April, 2021 Gowran Park
8. 9 April, 2021 Wexford
9. 24 April, 2021 Limerick
10. 4 May, 2021 Gowran Park
11. 11 May, 2021 Roscommon
12. 11 July, 2021 Sligo
13. 2 August, 2021 Cork

 

Full Noise- trained by David Peter Dunne

1. 13 October, 2020 Punchestown
2. 31 October, 2020 Down Royal
3. 17 November, 2020 Limerick
4. 1 December, 2020 Limerick
5. 3 January, 2021 Fairyhouse
6. 28 January, 2021 Gowran Park
7. 5 March, 2021 Fairyhouse
8. 9 April, 2021 Wexford
9. 30 May, 2021 Punchestown
10. 31 May, 2021 Punchestown

 

Petrol Head- trained by David Peter Dunne

1. 8 December, 2020 Punchestown
2. 28 December, 2020 Leopardstown
3. 29 January, 2021 Navan
4. 21 February, 2021 Navan
5. 27 March, 2021 Navan
6. 7 May, 2021 Cork
7. 11 May, 2021 Killarney
8. 18 May, 2021 Sligo
9. 19 May, 2021 Cork
10. 1 June, 2021 Tipperary
11. 4 July, 2021 Limerick
12. 12 July, 2021 Limerick
13. 31 July, 2021 Galway

Mr. McNally admitted being unaware of the requirement to register the correct ownership details and is, accordingly in breach of this rule.  While he did not admit to each of the specific matters listed above the Committee is satisfied, on the balance of probabilities, that the breaches were proved.

 

Alleged breaches of rules by Mr. David Peter Dunne.

 

CHARGE 12

Rule 272. It is alleged that Mr. Dunne, as a trainer licensed by the IHRB, from 1 October, 2020 to the present, conducted the training and running of his horses in a manner which is prejudicial to the integrity, proper conduct and good reputation of horseracing.

The Committee is not satisfied that this charge has been proved.

 

CHARGE 13

Rule 272(ii).  It is alleged that Mr. Dunne supplied misleading information and/or false information to an Official, at a Stewards’ Enquiry on 27 March, 2021 at Navan.

The Committee is satisfied that this allegation is proved.

 

CHARGE 14

Rule 273(xiii). It is alleged that Mr. Dunne, through the following conduct as a licensed trainer, caused serious damage to the interests of horseracing in Ireland:

1. Campaigned All Class and/or Full Noise with the objective of manipulating official handicap ratings;
2. Achieved improvement in form of Full Noise at a level previously unfamiliar to experienced and long-serving handicapping officials;
3. Conspired with Mr. McNally to conceal his ownership of All Class and/or Full Noise, and
4. Treated the Rules of Racing in a cavalier manner.

The Committee is satisfied that item number 3 has been proved.

 

CHARGE 15

Rule 121(vii). It is alleged that Mr. Dunne is in breach of this Rule in failing to lodge the correct ownership details with the Registry Office in Horse Racing Ireland before entering and/or running All Class, Full Noise and Petrol Head in 36 races which are specified in the Schedule of Breaches furnished to the Respondents. 

Mr. Dunne has admitted the charge in respect of 17 of the 36 races referred to.  The Committee finds that those allegations not admitted have been proved.

 

Alleged breaches of Rules by Mr. D. J. O’Keefe

 

CHARGE 16

Rule 212(A)(i). It is alleged that Mr. O’Keefe, as rider, deliberately prevented Dreal Deal to run other than on its merits at Gowran Park on 17 June, 2020, in that Mr. O’Keefe deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.

While the horse was very slow in leaving the stalls, the Committee is not satisfied that it was due to the deliberate action of Mr. O’Keefe and therefor this charge is not proved.

 

CHARGE 17

Rule 212(A)(ii). It is alleged that Mr. O’Keefe, as rider, caused Dreal Deal at Gowran Park on 17 June, 2020 to be ridden in such a way that the horse could not be seen to have been the subject of a genuine attempt to obtain from the horse a timely, real and substantial effort to achieve the best possible placing.

The Committee is not satisfied that this charge has been proved.

 

CHARGE 18

Rule 212(A)(iii). It is alleged that Mr. O’Keefe, as rider, of Dreal Deal at Gowran Park on 17 June, 2020 schooled the horse in public.

The Committee is not satisfied that this charge has been proved.

 

CHARGE 19

Rule 213(iv). It is alleged that Mr. O’Keefe failed to make a report under Rule 213 at Gowran Park on 17 June, 2020 about the slow start from the stalls by Dreal Deal and/or that the horse took a blow during the race.

The Committee finds that this charge has been proved.

 

 Alleged breaches of the Rules by Mr. E. P. O’Brien

 

CHARGE 20

Rule 212(A)(i). It alleged that Mr. O’Brien, as rider, deliberately prevented Dreal Deal from running other than on its merits at Navan on 3 July, 2020, in that Mr. O’Brien deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.

The Committee is satisfied that this charge has been proved.

 

CHARGE 21

Rule 212(A)(ii). It is alleged that Mr. O’Brien, as rider, caused Dreal Deal at Navan on 3 July, 2020 to be ridden in such a way that the horse could not be seen to have been the subject of a genuine attempt to obtain from the horse a timely, real and substantial effort to achieve the best possible placing.

The Committee finds that this charge has been proved.

 

CHARGE 22

Rule 212(A)(iii). It is alleged that Mr. O’Brien, as rider of Dreal Deal at Navan on 3 July, 2020 schooled the horse in public.

The Committee finds this charge has been proved.

 

CHARGE 23

Rule213(iv). It is alleged that Mr. O’Brien failed to make a report under Rule 213 at Navan on 3 July, 2020 about the slow start from the stalls by Dreal Deal.

The Committee finds that this charge has been proved.

 

Alleged breaches of the Rules by Mr. Mark Enright.

 

CHARGE 24

Rule 212(A)(i). It is alleged that Mr. Enright, as rider, deliberately prevented Dreal Deal from running other than on its merits at the Curragh on 10 July, 2020, in that Mr. Enright deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.

The Committee finds that this charge has not been proved.

 

 

CHARGE 25

Rule212(A)(ii). It is alleged that Mr. Enright, as rider, caused Dreal Deal at the Curragh on 10 July, 2020, to be ridden in such a way that the horse could not be seen to have been the subject of a genuine attempt to obtain from the horse a timely, real and substantial effort to achieve the best possible placing.

The Committee finds that this charge has not been proved.

 

CHARGE 26

Rule 212(A)(iii). It is alleged that Mr. Enright, as rider of Dreal Deal at the Curragh on 10 July, 2020 schooled the horse in public.

The Committee finds that this charge has not been proved.

 

CHARGE 27

Rule 213(iv). It is alleged that Mr. Enright failed to make a report under Rule 213 about the slow start form the stalls by Dreal Deal at the Curragh on 10 July, 2020.

The Committee is satisfied that this charge has been proved and has been admitted by Mr. Enright.

 

Allege breaches of the Rules by Mr. Ciarán Fennessy.

 

CHARGE 28

Rule 272. It is alleged that Mr. Ciarán Fennessy’s conduct was prejudicial to the integrity, proper conduct of and good  reputation of horseracing in that he passed on inside information regarding  the condition of horses to third parties.

The Committee is satisfied that this charge has been proved.

 

CHARGE 29

Rule 273(viii). It is alleged that Mr. Ciarán Fennessy conspired with Mr. McNally and/or Mr. Liam Fennessy and/or Mr. Aaron Fennessy and/or others to engage in a corrupt and fraudulent practice in relation to the passing of inside information for betting purposes and/or concealing the true ability of horses so as to obtain handicap marks not reflective or their ability.

The Committee is satisfied that this charge has been proved.

 

CHARGE 30

Rule 273(xiii). It is alleged that Mr. Ciarán Fennessy , through the following conduct as a licensed handler, caused serious damage to the interests of horseracing in Ireland:

1. Passed inside information about the condition and wellbeing of Dreal Deal to allow others to profit from betting on the horse with a betting organisation.
2. Showed disregard for the Rules of Racing in that, having knowledge of intended breaches of Rule 212A by another licensed trainer, he passed this information to third parties.

The Committee is satisfied that both the matters contained in 1 and 2 above were established on the evidence and finds this charge has been proved.

 

The case was presented by Mr. Louis Weston, Barrister  and Ms. Caoimhe Daly, B.L. instructed by Ms. Clíodhna Guy, IHRB Head of Licensing, Legal and Compliance. Mr. McNally was represented by Ms. Amy Hughes, B.L., instructed by Mr. Peter Boyle, Peter Boyle & Co. Solicitors, Smithfield, Dublin 7. Mr. Enright and Mr. O’Keeffe were represented by Mr. Frank Crean, B.L., instructed by Mr. Andrew Coonan, Coonan Cawley Solicitors, Naas, County Kildare.