The Appeals Body, (Division One), Patrick Reidy (in the chair), John McStay and Paul Ronan met at the Turf Club, the Curragh, Co Kildare on Monday, 16th December 2013, to consider the appeal of Lawrence Walshe, trainer, against the severity of the penalties imposed by the Referrals Committee on 22nd August 2013, when he was found in breach of the following rules:

(i) Rule 148(vi) for failing to return “Alluvium”, “Grange Queen” and “Harrier Reef” out of training when they had previously left his premises.

(ii) Rule 148(v)(b) for failing to wear approved safety equipment (skull cap and back protector) whilst riding horses under his care.

(iii) Rule 148(iii)(b) for failing to keep a completed Medicines Register available for inspection.

(iv) Rule 272 as a result of his conduct as disclosed by the evidence that he acted in a manner prejudicial to the proper conduct and good reputation of horseracing.

As a result of the adverse findings in respect of the breach of Rule 272, the Referrals Committee withdrew his licence to train which had been issued for the year 1st March 2013 to 28th February 2014 for a period of two years. The committee did not impose any distinct or separate penalties in respect of the breaches of any provisions of Rule 148 listed above, on the basis that these breaches were considered as part of the adverse finding and penalty imposed relating to Rule 272.

The Appeals Body considered the transcript of the referral hearing held on 22nd August 2013 and the written report on the random stable inspection which had been completed by Turf Club officials Michael O’Donoghue and Nicola O’Connor M.R.C.V.S. following their visit to Mr. Walshe’s yard on 6th August 2013.  They also considered a number of oral submissions made by Carl Hanahoe BL, on behalf of Mr Walshe.

Having considered the evidence, the Appeals Body dismissed the appeal and ordered that Lawrence Walshe’s appeal deposit be forfeited and that he pay costs of €1,352 (including costs associated with the preparation of the transcript) to the Turf Club.  They ordered that the licence withdrawal of two years remain in place and that his should be withdrawn with effect from 1st January 2014.

The case was presented by Conal Boyce, Solicitor, Naas, Co. Kildare.  Lawrence Walshe was represented by Carl Hanahoe BL, instructed by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.

Editor’s note

1. A copy of the decision of the Referrals Committee on 22nd August 2013 is attached.