The Referrals Committee Sean Barry (in the Chair), Peter N. Reynolds and N.B. Wachman met at the Turf Club, The Curragh, Co Kildare on Friday, 9th October 2015, to consider whether or not Dermot Anthony McLoughlin, trainer, was in breach of any rules as a result of a random stable inspection carried out at his Training Establishment on 2nd September 2015 by Turf Club officials Michael O’Donoghue and Nicola O’Connor MVB.

During the inspection the officials found that treatment was administered to a horse under his care “Sadler’s Mark” which had not been recorded in the Medicines Register.

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

Evidence was heard from Nicola O’Connor MVB, Michael O’Donoghue and Dermot Anthony McLoughlin. The Committee also considered a written report on the visit which was completed by Michael O’Donoghue and Nicola O’Connor MVB, and a summary of the treatment administered to the horse by Lisadell Equine Hospital.

In his evidence Michael O’Donoghue outlined the background to the examination of the Medicines Register for Sadler’s Mark owned by a third party who has a galloping facility adjacent to Mr McLoughlin’s Training Establishment that is used by Mr McLoughlin. He said Mr McLoughlin informed him that the horse had received treatment but he was unaware of the treatment given, as it had been administered by Lisadell Equine Hospital on behalf of the owner. At the time the horse had been returned out of training but was still under Mr McLoughlin’s care. He said the treatment given had not been recorded in the Medicines Register.

In her evidence Nicola O’Connor MVB outlined the background to the examination of the Medicines Register in respect of Sadler’s Mark. She informed the Committee the horse had been withdrawn at Galway on 30th July following a pre-race inspection and concluded the horse was not fit to run. She said that Mr McLoughlin had accepted the decision but that the owner was not happy with her decision. Ms O’Connor said that subsequent to the random stable inspection, the various treatments administered to Sadler’s Mark were forwarded to the Turf Club. These showed the horse had been treated on 28th April, 17th June and 26th August 2015. Some of the substances administered on these dates would have been regarded as prohibited, if they were found in the horse’s system on a race day. None of the treatments had been recorded in the Medicines Register and at the time of the inspection there was no record of what substances had been administered to the horse. Ms O’Connor confirmed that they were informed that the owner liaised directly with the vet and arranged the treatment.

In his evidence Dermot Anthony McLoughlin accepted the evidence of the Turf Club officials. He confirmed he was unaware of the substances which were administered to the horse and the horse was always in his yard when treated by the owner’s veterinary surgeon. He assured the Committee that nothing of a similar nature would happen again and that all veterinary treatments administered to horses under his care are now being recorded in the Medicines Register. In conclusion Mr McLoughlin accepted he was in breach of Rule 148(iii)(b).

Having considered the evidence the Committee found Dermot Anthony McLoughlin to be in breach of Rule 148(iii)(b) for failing to record the treatment administered to Sadler’s Mark in the Medicines Register. They noted that Mr McLoughlin agreed he was in breach of this rule. In view of the seriousness of the omissions they imposed a fine of €400, which is higher than the standard fine imposed for a similar rule breach, and ordered that Mr McLoughlin make a contribution of €250 towards Turf Club costs.

The case was presented to the Committee by Paul Murtagh, stipendiary steward.