The Referrals Committee, Judge Tony Hunt (in the Chair), Sean Barry and Philip Caffrey met at the Turf Club, The Curragh, Co. Kildare on Thursday, 21st August 2014 to consider the referral of James M. Barrett, Trainer, by Denis Egan, Chief Executive of the Turf Club following a random stable inspection carried out at his Training Establishment on 25th June 2014 by Turf Club Officials, Michael O’Donoghue and Nicola O’Connor MRCVS. During the inspection the officials discovered that:
1. James M. Barrett and his sole employee were riding out without wearing body protectors.
2. James M. Barrett rode out without wearing a skull cap.
3. The Medicines Register was incomplete as a treatment of Engemycin 10% given to Asymmetrical within the last month was not recorded.
4. The Stable Employees Bonus Scheme Agreement was not displayed in an employee working area.
Evidence was heard from Michael O’Donoghue, Andrew Tyrrell MRCVS and James M. Barrett. The Committee also considered a written report on the visit which had been completed by Michael O’Donoghue and Nicola O’Connor MRCVS.
In his evidence Michael O’Donoghue confirmed the findings of the inspection report. In his evidence James M. Barrett accepted the findings presented concerning the non wearing of safety equipment. He said that he had an accident in his horse box some days previously and some of his equipment was still in the lorry which had been brought to a garage. In relation to the non display of the Stable Employee Bonus Scheme agreement, he said it was in his house and had not been displayed to staff.
In his evidence Andrew Tyrrell MRCVS said that Engemycin is a routine prescription antibiotic.
Having considered the evidence the Committee found that James M. Barrett was in breach of the following Rules:
a) Rule 148(v)(b) for failing to ensure that anyone riding horses under the Trainer’s care used approved safety equipment. He was fined €200 in respect of each rider (€400 in total).
b) Rule 148(iii)(b) for failing to ensure that all medicines were recorded in the Medicines Register and that the Medicines Register was kept up to date at all times. He was issued with a caution in respect of this rule breach.
c) Rule 298 5 for failing to display the Stable Employee Bonus Scheme Agreement in an employee working area. He was fined €130 in respect of this rule breach.
The case was presented by Conal Boyce, Solicitor, Naas, Co. Kildare.