The Referrals Committee, Justice Tony Hunt (in the chair), Philip Caffrey and Laurence McFerran met at the Crowne Plaza Hotel, Blanchardstown, Dublin 15 on Tuesday, 21st November 2017, to consider outstanding issues following on from a previous hearing on 3rd July 2017 involving Luke Comer, Trainer.
The Referrals Committee had been asked to determine whether or not Mr Comer was in breach of:
- Rules 88(iii), 272, 273(x) and 273(xiii) in respect of the provision of misleading and false information regarding the location of horses including For Defiance, Zebedee/Blue Mimosa and Power/Stratagemma during an inspection on 24th May 2017. This false information was provided by Mr Comer Senior’s authorised representative; Luke Comer Junior and his head lad; Derek Kelly in response to direct questions.
- Rule 148(iv) for failing to exercise adequate supervision and/or by putting in place any management structure with sufficiently qualified and/or able staff to carry out his obligations on his behalf.
The Committee considered submissions from Martin Hayden SC on behalf of Luke Comer and Louis Weston, Barrister on behalf of the Turf Club.
The Committee noted that there had been considerable improvements to operations since July 2017 when Mr Comer employed James Gorman as an Assistant Trainer.
The Committee expressed a concern that the structures currently in place would not continue and they asked that the importance of these structures remaining in place be brought to the attention of the Licensing Committee.
Having considered the evidence, the Referrals Committee found that Luke Comer was in breach of Rules 88(iii), 272, 273(x) and 273(xiii). They imposed a fine of €15,000 in respect of these rule breaches.
They also found that Mr Comer was in breach of Rule 148(iv) and imposed a fine of €12,500 for this rule breach. They further ordered that he pays the Turf Club’s costs in relation to the matter which amount to €22,588. All fines and costs are to be discharged within 28 days.
The case was presented by Louis Weston, Barrister, instructed by Cliodhna Guy, Head of Licensing, Legal and Compliance. Luke Comer was represented by Martin Hayden SC and Frank Crean, Barrister, instructed by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co Kildare.