The Referrals Committee, Mr Laurence McFerran (Chairman) Mr Noel McCaffrey and Mr Raymond J McSharry convened in the Offices of the Irish Horseracing Regulatory Board on Tuesday, 28 January 2025 to consider whether Brian Duffy (Trainer) was in breach of any rules of racing following a report from the IHRB Licensing Department.
The Referrals Committee were asked to consider a report from the IHRB Licensing Department and heard evidence from Mr Brian Duffy, Trainer, Mr Frank Duffy and Mr Mark Flanagan.
The IHRB submission outlined that in June 2023, the IHRB Licensing Department granted Mr Duffy's request to continue as a licensed trainer while he pursued a job opportunity in France for a temporary period of eight weeks. However, it was noted that from that point onward, the Licensing Department received no further correspondence from Mr Duffy regarding his residency status until September 2024, when he contacted the Licensing Department to raise concerns about holding an Irish trainer’s licence while living in France. During this call, he acknowledged that he had runners from his yard in Meath and expressed uncertainty about whether this was compliant with licensing regulations. In the intervening period, Mr Duffy renewed his trainer’s licence in January 2024, listing his Trim, Ireland address, despite continuing to reside in France. During this time, he had one horse in training in Ireland, who had raced during this period.
In his evidence at the referral hearing, Brian Duffy stated that he moved to France to pursue a job opportunity but was uncertain about the duration of his stay, as he had not yet secured a full-time contract. He acknowledged that he initially intended to stay only a short time and had departed with his family remaining in Ireland. During that period, he remained in daily contact with his father, who was overseeing the training and welfare of the horse stabled at his Trim facility. Mr Duffy emphasised that all decisions regarding the horse’s care, training, and management were made by him directly, with him maintaining daily contact with his training establishment. Mr Duffy admitted that it was wrong to list his Trim address on his 2024 licence renewal form, and he accepted that he had made a declaration that was wrong, but he explained that at the time his family had moved to France but he believed he would be returning to Ireland at the end of the school term. Mr Duffy accepted he was in breach of Rule 145(i) for failing to provide accurate information on his licence renewal application.
In his evidence, Frank Duffy, explained he was an Authorised Representative for the stable and had extensive experience in the racing industry. Mr Duffy stated that he was in daily contact with his son discussing every aspect of the horses care, including feed rations, training schedule, and medical updates. He emphasised that while he oversaw the horse’s daily welfare, all decisions were made solely by Brian Duffy.
In his evidence, Mark Flanagan stated that he rode the horse on a daily basis and he got instructions from Brian Duffy on the exercise regime of the horse. He confirmed that Mr Duffy remained actively involved in all decision-making regarding the horse management and training.
Having heard the evidence, the Referrals Committee reserved their decision.
Having considered the evidence, the Referrals Committee issued the following decision:
“The committee found that having considered aggravating and mitigating factors, that Mr Duffy is in breach of Rule 145(i), which is a very serious matter. The accuracy of personal information given by a Licensee to a Regulator, in this case the IHRB, is fundamental to protecting the integrity of the entire system and in acknowledging the acceptance of this breach by Mr Duffy and taking into account all mitigation, he was fined €5,000. The fine to be paid before close of business on Wednesday 5 March 2025.”
Mr Brian Duffy will be required to revert to the Referrals Committee seeking approval to re-apply for a trainers licence in Ireland. Until such approval is forthcoming and a trainers licence, either Restricted or Full, has been granted by the Licensing Committee, Mr Brian Duffy has given an undertaking not to engage in any training activities or any aspect of training racehorses in this jurisdiction.
The case was presented by Christine Traynor BL, IHRB Head of Racing Regulation and Integrity and Mr Duffy was represented by Mr David Geoghegan instructed by Kevin Power Solicitor.