The Referrals Committee, Lady Chief Justice Siobhan Keegan (Chairperson), Mr Anthony Byrne and Mr Nick Wachman convened in the Offices of the Irish Horseracing Regulatory Board (IHRB) on Thursday, 18 July to consider whether Mr A J Martin (Trainer) was in breach of any rules of racing as a result of his conduct at a fixture at Newcastle on 29 June 2024.
As a result of an investigation carried out by the IHRB into Mr Martin’s conduct following the JenningsBet Northumberland Vase at Newcastle on 29 June 2024, the IHRB alleged that Mr Martin was in breach of Rule 272(i) and 273(xiii) due to him appearing to act in a manner which was prejudicial to the integrity, proper conduct or good reputation of horseracing and potentially causing serious damage to the interests of horseracing in Ireland.
At the referral hearing, evidence was heard from Mr Martin and submissions were made on behalf of Mr Martin by Mr Patrick Kennedy, solicitor. The Referrals Committee also noted the contents of the IHRB investigation report.
In his evidence, Mr Martin apologised for his actions and stated that it was never his intention to cause any embarrassment to any person working or involved in horseracing. Mr Martin stated that the syndicate which owns Alphonse Le Grande invited him to Newcastle and he accepted the offer but stayed away from the horse and the stable yard prior to the race. Mr Martin said that he entered the parade ring prior to the race to wish the owners good luck and then, after the race, he got caught up in the emotion of the horse winning what was a significant race for not a big yard and lost the run of himself. Mr Martin admitted that he did speak to Hollie Doyle, rider of Alphonse Le Grande, prior to the race but clarified that Ms Doyle rang him due to his knowledge of the horse and it wasn’t a case that he had phoned her. Mr Martin said that he only became aware of the coverage the evening after the race and he immediately sought to apologise to the BHA and IHRB for his conduct and admitted that if he had his time again he wouldn’t have attended Newcastle at all. Mr Martin gave an undertaking that he will not attend any fixture for the remainder of his suspension.
Having considered the evidence, Lady Chief Justice Siobhan Keegan read out the following decision on behalf of the Referrals Committee:
“A Referrals Committee comprising Justice Siobhan Keegan, Mr Nick Wachman and Mr Anthony Byrne convened today, 18 July 2024 at the Offices of the IHRB, at The Curragh to consider the matter of a referral pertaining to Mr A J Martin and his actions in breach of the rules of racing on 29 June 2024 at Newcastle Racecourse when his trainer’s licence was withdrawn.
We are grateful for the assistance of all legal representatives involved in this case and have considered all that has been said and the written evidence.
The allegation against Mr Martin is that, despite his licence being withdrawn, he was seen celebrating the win of Alphonse Le Grande openly on live television on 29 June 2024. Furthermore, Hollie Doyle, the jockey who rode Alphonse Le Grande to victory, publicly credited Mr Martin with providing her with riding instructions prior to the race.
Additionally, Mr Martin's sister, Cathy O'Leary, who holds the trainer's licence, indicated that she took a step back, allowing Mr Martin to circumvent the rules in relation to racing and act in all but name.
The relevant context of this referral is that following an appeal heard by the IHRB Appeals Body on 28 March 2024, Mr Martin had his licence to train withdrawn for a period of six months, with three of the six months suspended, because of doping offences. The Appeals Body instructed that Mr Martin’s licence should be withdrawn from 15 May 2024. Following an unsuccessful judicial review by Mr Martin arising from the above proceedings, the withdrawal of Mr Martin’s licence for a period of three months commenced on 16 May 2024.
It is submitted by the IHRB that, whether intentional or not, the actions of a well-known trainer like Mr Martin demonstrate a blatant disregard for regulatory authority and contradicts the standards expected in horseracing. Mr Martin should have known that his actions would cause grave consternation among the racing community.
Mr Martin initially declined to comment during the investigation but later issued a public apology and he has today unequivocally accepted the charges, namely breach of Rules 272(i) and 273(xiii) of the Rules of Racing. His apology read as follows; “I sincerely apologise for my actions during the Northumberland Vase. I fully understand that my behaviour was inappropriate given my current suspension status. I let my excitement and passion for the sport get the better of me, and for that, I am deeply sorry. I accept the consequences of my actions and will comply fully with any disciplinary measures imposed. I apologise to the racing community, officials, and fans for any disappointment caused.”
Mr Kennedy has provided mitigation on Mr Martin’s behalf and Mr Martin gave evidence before us during which he repeated his acceptance of the charges and apologised for the damage caused to racing by them.
Having considered the case in the round we find that Mr Martin's active participation and/or knowingly participating in racing-related activities while his licence is withdrawn constitutes a clear violation of regulatory rules. Based on the evidence, adverse inferences can clearly be drawn that Mr Martin effectively circumvented the withdrawal of his licence by having his sister, Cathy O'Leary, hold the licence while he continued to manage the horse at Newcastle. Ms Doyle's confirmation of receiving instructions from Mr Martin substantiates the claim of active involvement.
Mr Martin’s actions have provoked substantial criticism and public commentary. In our view his actions constitute a flagrant disregard of the rules, and he has by his actions brought horse racing into disrepute.
Overall, we consider that Mr Martin's public celebration of the win is an affront to the regulatory sanction imposed upon him, and that his actions have clearly damaged the reputation of horseracing. Mr Martin's actions constitute a significant breach of Rules 272(i) and 273(xiii) of the Rules of Racing, undermining regulatory authority and damaging the reputation of the horseracing industry in that, once his licence was withdrawn, he continued to act in his capacity as a trainer despite the revocation of his licence.
It is to Mr Martin’s credit that he apologised for these actions, recognising what he had done. Mr Martin has also wisely undertaken, as confirmed by Mr Kennedy, from today not to attend racing or training gallops and to actively distance himself from training activities during the period when his licence is withdrawn. If he had not approached the case in this way the sanction would have been greater. However, an appropriate sanction must be imposed taking into account all of the circumstances and the serious breach of the Rules.
We consider that the appropriate sanction, being a new sanction for these breaches, is to withdraw Mr Martin’s licence for a further period of 2 months from 16 August 2024 to 16 October 2024 and to fine him a total amount of €5,000 for breaching the two rules which is payable on or before 1 January 2025.”
The case was presented by Ms Christine Traynor, IHRB Head of Racing Regulation and Integrity. Mr Martin was represented by Mr Patrick Kennedy of Patrick J O’Meara Solicitors, County Tipperary with Mr Ryan McElligott, Irish Racehorse Trainers Association.