The Referrals Committee, Robert Dore (in the chair), Laurence McFerran and Mrs. J.O. Onions met at the Offices of the Irish Horseracing Regulatory Board (IHRB), The Curragh, Co. Kildare on Thursday, 8th March 2018, to consider whether or not Brian Francis Cawley Restricted Trainer, was in breach of any rules as a result of a stable inspection carried out at his Training Establishment on 14th February 2018 by the IHRB Officials, Michael O’ Donoghue and Ion Hamilton. During the inspection a number of anomalies were noted as follows:
i) Two of the six stables were unclean with a strong stench from bedding that did not appear to have been cleaned and replaced for quite some time.
ii) “Samantha Bellamy”, the only horse returned in training was missing.
iii) No partnership registration had been lodged for Samantha Bellamy even though the horse is jointly owned.
iv) “Lead a Dance”, while trotting sound had a number of issues which required veterinary input.
v) “Permanent” had an issue which required veterinary input.
vi) The Medicines Register had not been updated since the 17th October 2017.
vii) No worm does were recorded. It was noted that the trainer admitted to self-dosing with products purchased locally.
viii) The Stable Employees’ Bonus Scheme agreement was not displayed for three periods.
The matter was referred to the Referrals Committee by Dr Lynn Hillyer, IHRB Chief Veterinary Officer.
Evidence was heard from Michael O’Donoghue and Brian Francis Cawley. The Committee also considered a written report on the stable inspection and viewed a number of photographs taken on the day.
In his evidence Michael O’Donoghue outlined the anomalies identified during the visit and went through the photographs taken on the day. Mr O’Donoghue said that Mr Cawley had co-operated fully during the visit.
In his evidence, Brian Francis Cawley explained the background to the various anomalies and said he accepted Mr O’Donoghue’s report and that the pictures taken were valid. He outlined the steps that he had now taken to address the concerns.
Having considered the evidence the Referrals Committee found that Brian Francis Cawley was in breach of the following rules and imposed the penalties listed beside each rule breach:
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Rule 148(i) |
for the condition of the stables as outlined under (i) – fine imposed €250
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Rule 148(vi)
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for failing to return “Samantha Bellamy” out of training – fine imposed €130 |
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Rule 148(i)
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for failing to get “Lead A Dance” examined by a vet – fine imposed €350 |
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Rule 148(i) |
for failing to get “Permanent” examined by a vet – fine imposed €350
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Rule 148(iii)(b) |
for failing to record the administration of worm doses in the Medicines Register – fine imposed €250
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Rule 298 |
for failing to display the Stable Employee Bonus Scheme Agreement – penalty imposed Caution |
They also ordered that he make a contribution of €500 towards the IHRB costs and they asked the Licensing Committee to consider whether or not Mr Cawley was a fit person to be licensed in view of the issues identified in the event of an application for renewal of licence is made.
The case was presented by Cliodhna Guy, Head of Legal, Compliance and Licensing.