The Referrals Committee Dr. Gordon A. Holmes (in the Chair), Mrs. J.O. Onions and Mr. John Powell met in the Turf Club, The Curragh, Co. Kildare on 28th January 2010 to consider the referral of Mr. John O’Gorman, stable employee of Mr. Charles Byrnes, trainer, by Denis Egan, Chief Executive of the Turf Club, in respect of a possible breach of Rule 273 (xiv) 4(b) which prohibits the holder of a racing establishment employee card to lay any horse under the care and control of the trainer for whom he is employed to lose a race with any person or betting organisation.

Evidence was heard from Mr. Hugh Hynes, Turf Club Integrity Analyst and from Mr. John O’Gorman, who admitted laying nine horses trained by Mr. Charles Byrnes to lose between the dates of 8th May 2008 and 21st December 2008.  Details of the horses laid are set out in the attached schedule.  The Committee also considered representations made by Mr. Byrnes on behalf of Mr. O’Gorman. 

Having considered the evidence, the Committee noted that the laying of horses to lose by a racing establishment employee card holder when employed in a trainers yard seriously damages the integrity of racing and that the appropriate penalty for such an offence would be in the region of twelve months.  However, in mitigation the Committee acknowledged that Mr. O’Gorman had admitted the offence at an early stage and cooperated fully with the investigation.  Having regard for all these circumstances, the Committee imposed a four month disqualification on Mr. O’Gorman with effect from today’s date.

RACES BREACHING RULE 273 (xiv) 4. (b)
(Including betting values)

TWOFAN (USA)   6.25 Clonmel, 8th May 2008
Result: Pulled up, 16 runners. 
Placed €1,043.01 on the horse to win. Laid €1,252.48 on the horse risking a net liability of €1,306.58 if the horse had won.  Profit from these back and lay transactions totalled €209.47

ROCHESTER ROW (USA)  8.45 Roscommon, 7th July 2008
Result: Finished 13th of 18 runners.
Laid €28.36 risking a liability of €49.09 if the horse had won.  
Profit from this lay transaction totalled €28.36

EHOWEE (IRE)   7.35 Down Royal, 3rd September 2008
Result: Finished 14th of 16 runners. 
Laid €22, risking a liability of €181.30 if the horse had won. 
Profit from this lay transaction totalled €22.

MASK OF DARKNESS (IRE) 3.25 Tralee, 30th September 2008
Result: Finished 11th of 20 runners. 
Laid €5, risking a liability of  €75 if the horse had won.
Laid €5, risking a liability of €25 if the horse had been placed. 
Profit from this lay transaction totalled €10.

LISKENNETT (IRE)   1.55 Navan, 9th November 2008
Result: Finished 8th of 10 runners.
Laid €5, risking a liability of €22.15 if the horse had been placed.
Profit from this lay transaction totalled €5.

MERCHENT PADDY (IRE)  2.50 Gowran, 22nd November 2008
Result: Finished 8th of 14 runners.
Laid €52.17 risking a liability of €1,032.74 if the horse had won.
Laid €293.41 risking a liability of €1,629.80 if the horse had been placed.
Profit from these lay transactions totalled €345.58.

TWOFAN (USA) 3.25 Fairyhouse, 22nd November 2008
Result:  Unseated Rider, 12 runners.    
Laid €87.20 risking a liability of €1,599.64 if the horse had won.
Laid €124.00 risking a liability of €596.30 if the horse had been placed.
Profit from these lay transactions totalled €211.20.

SOLWHIT (FR) 3.05 Fairyhouse, 29th November 2008
Result: Won, 16 runners.
Laid €3,576.67 risking a liability of €8,607.81 if the horse had won.
Loss from this lay transaction totalled €8,607.81 as the horse won the race. 

SOLWHIT (FR) 1.05 Thurles, 21st December 2008
Result: 2nd of 3 runners.
Laid €131.42 risking a liability of €45.74 if the horse had won.
Profit from this lay transaction totalled €131.42.