The Referrals Committee, Sean Barry (in the chair), Philip Caffrey and Robert Dore met in the Turf Club, The Curragh, Co. Kildare on Wednesday, 4th March 2015, to consider whether or not Lee Smyth, Trainer, was in breach of any rules as a result of a random stable inspection carried out at his Training Establishment on 13th February 2015 by Turf Club officials Michael O’Donoghue and Inge D’Haese M.R.C.V.S.

During the inspection they found a number of anomalies including that:

i) Bestofzest, Charpoy and Lisnagirl had not been returned out of training despite having left Mr Smyth’s care over 3 months ago;

ii) Medicines were not stored in a secure medicines’ unit;

iii) The Medicines Register was not kept up to date;

iv) A stable employee had left Mr Smyth’s employment but a termination of employment form had not been returned to the Turf Club.

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

Evidence was heard from Michael O’Donoghue and Lee Smyth. The Committee also considered a written report on the visit which was completed by Michael O’Donoghue and Inge D’Haese M.R.C.V.S.

In his evidence Michael O’Donoghue outlined the main findings from his visit to Lee Smyth’s Training Establishment on 13th February 2015.

In his evidence Lee Smyth accepted the points made by Michael O’Donoghue and in particular that he was in breach of the relevant rules relating to (i) to (iv) above.

Having considered the evidence, the Committee confirmed that Lee Smyth was in breach of Rule 148(vi) for failing to return the three horses listed above out of training. As a result he was fined €390 (€130 x 3). He was cautioned in respect of breaches of Rules 148(iii)(a) and (b) for failing to store medicines in a secure medicines’ unit and to keep his Medicines Register up to date. He was also cautioned for breach of Rule 149(ii) for failing to file a termination of employment form in respect of an employee who had left his employment.

In deciding to caution Mr Smyth in respect of the relevant rule breaches, the Committee took into account the background to each rule breach. Lee Smyth was also ordered to pay €200 towards Turf Club costs.

The case was presented by Conal Boyce, Solicitor, Naas, Co. Kildare.