The Referrals Committee, Sean Barry, (in the chair), Robert Dore and N.B. Wachman met at the Turf Club, Curragh, Co. Kildare on Monday, 23rd October 2017 to consider the referral of Jonathan Fogarty, Restricted Trainer, as a result of Sherbert (GB) trained by him failing to arrive at Limerick Racecourse on 7th October 2017 within the designated time prior to the running of the Follow Limerick Racecourse Facebook Handicap (Division Two).

On the day the Stewards were unable to conduct an enquiry as Mr. Fogarty was not present at the meeting. As a consequence, they ordered the withdrawal of Sherbert (GB) under the provisions of Rule 19 (ii), and referred the matter to the Chief Executive of the Turf Club for further investigation. The matter was subsequently investigated and referred to the Referrals Committee by Cliodhna Guy, Solicitor, Head of Licensing, Legal and Compliance.

The Committee considered a written submission from Jonathan Fogarty (who did not attend the today’s hearing).

In his submission, Mr. Fogarty apologised for being unable to personally attend. He also outlined the reasons why Sherbert (GB) failed to arrive at Limerick on the day.

Mr. Fogarty said he declared Sherbert (GB) two days before Limerick which is something he has never done in the past. A number of issues arose subsequently which resulted in Mr. Fogarty failing to ensure that Sherbert (GB) fulfilled her engagement. Mr. Fogarty apologised for what he described as the huge oversight and assured all concerned that it would never happen again.

Having considered the submission, the Referrals Committee found that Jonathan Fogarty was in breach of Rule 194(vii)(d) and imposed a fine of €400.

The case was presented by Cliodhna Guy, Solicitor, Head of Licensing, Legal and Compliance.