The Referrals Committee, P.J.A. O’Connor (in the Chair), Laurence McFerran and N.B. Wachman, met at the Turf Club, The Curragh, Co. Kildare on Thursday, 22nd October, 2015, to consider whether or not David Harry Kelly (Trainer) was in breach of the Rules of Racing as a result of a random stable inspection carried out at his Training Establishment on 6th October, 2015, by Turf Club officials, Michael O’Donoghue and Nicola O’Connor, MVB.

At the inspection certain anomalies arose including:-

(i) Three horses that were returned in training were not present at the Training Establishment namely; Irish Ballarina, Keep It Covered and Trainstation. As a consequence these three horses should have been returned out of training.

(ii) The Turf Club Veterinary Medicines Register was not maintained properly and few insertions were made for 2015. Prescriptions were noted for treatments to animals on 27th July, 31st July and 8th August, 2015, but these were not recorded within.

(iii) The medicines storage area was not secure. There was no lock fitted.

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

Evidence was heard from Michael O’Donoghue, Nicola O’Connor, MVB, and David Harry Kelly. The Committee also considered the officials written report.

In his evidence Michael O’ Donoghue stated that the three horses listed above were not present during the course of the inspection, Irish Ballarina having returned to its owner due it sustaining an injury, Keep It Covered became injured in 2014 while Trainstation was fatally injured in running on the racecourse in August 2015.

In her evidence Nicola O’ Connor reported that two anomalies arose during the inspection. The Medicines Register was incomplete. There were prescriptions on site for three individual horses which were unrecorded. These prescriptions had withdrawal periods and would be classified as prohibited substances expressing the need to have these details recorded within the Medicines Register for future record purposes. She observed the medical storage unit within the tack room was not properly secure and noted the absence of any medication on site.

In his evidence David Harry Kelly admitted it was an oversight on his behalf not to return the three horses out of training. The administration element was his responsibility but he was unaware of the oversight until it was pointed out to him by officials at the inspection stage. He had since improved his operations and was now fully aware of the importance of that role. In relation to the Medicines Register he accepted it was an oversight on his behalf and overlooked the importance of keeping it up to date. With regard to the medical storage unit he would endeavour to purchase a more secure unit and explained at present he did not store any medication on site for security reasons.

Having considered the evidence the Committee found that David Harry Kelly was in breach of the following Rules:-

(i) Rule 148 (vi), he was fined €130 for each of the three individual breaches for failing to return three horses out of training (total €390),

(ii) Rule 148 (iii) (a), he was fined €130 for this rule breach for failing to keep medicines in a secure place,

(iii) Rule 148 (iii) (b), he was fined €130 for this rule breach for failing to record all administration of veterinary medicines in the Medicines Register.

The Committee also ordered that he make a contribution of €250 towards the Turf Club’s costs.

The case was presented by Paul Murtagh, Stipendiary Steward.