The Referrals Committee, Lady Chief Justice Siobhan Keegan (Chairperson), Mr Raymond McSharry and Mr John Murphy convened at Offices of the Irish Horseracing Regulatory Board on Thursday, 29 August 2024 to consider the referral of Luke W Comer (Trainer) into potential breaches of the Rules of Racing.

On the day, the Referrals Committee considered submissions on behalf of the IHRB by Ms Christine Traynor, Head of Racing Regulation and Integrity which included an investigation report from Dr Lynn Hillyer and submissions on behalf of Mr Comer by David Geoghegan BL.

Having considered the submissions, Lady Chief Justice Siobhan Keegan issued the following decision on behalf of the Referrals Committee:

 “On 12 March 2021, arising from a confidential disclosure about concerns relating to horse welfare, the Chief Veterinary Officer informed the Head of the Investigations Division at the Department of Agriculture, Food and Marine (DAFM), which led to an investigation. On 13 March 2021 a joint inspection was carried out at Ginnets Estate, Summerhill, Co. Meath, where numerous horse bones, including skulls and vertebrae were discovered. A subsequent inspection on 15 March 2021 at Brookville Lodge, Dunboyne, Co. Meath, revealed no evidence of animal remains on the licensed premises. The investigation confirmed equine remains at the unlicensed Ginnets Estate. Mr Dermot Kelly, manager of the premises for Mr Luke W Comer, veterinary surgeon Mr Seamus Foran and Mr Luke Comer (Senior) were on the premises during the inspection.

Key findings from the veterinary report of Dr Lynn Hillyer included: Numerous horse bones were discovered at the unlicensed Ginnets Estate, in a forested area, owned or held in the name of the Comer family, including skulls, jaw bones, and vertebrae. The remains indicated horses of various ages. However, theinspection revealed that the carcasses’ age and disposal method could not be clearly determined due to the possibility of buried identity chips.  On enquiry on the day, no explanation was given for the presence of the skeletons by either Mr Comer or his staff.

A prosecution was taken in relation to these matters as regards the decomposed carcasses found in 2021.This was brought to court in 2024. The outcome of the court case was that as Luke W Comer cooperated fully with the prosecution by DAFM, and after a guilty plea was entered by the company to two charges, the Court acknowledged a €20,000 donation to the Irish Society for the Prevention of Cruelty to Animals (ISPCA), and the charges were struck out.

The public response to the discovery of decomposed horse carcasses on Mr Luke W Comer's property was intense and critical. We also note that some media corrections were made to the reporting after the court case.

The IHRB has proceeded with this referral for a breach of two rules of racing namely Rule 272(i) and Rule 273(xiii). The IHRB case is that these rules require individuals involved in horseracing to act in a manner that preserves the sport's integrity and reputation. The IHRB maintains that Mr Luke W Comer’s connection to the discovered deceased horses and the subsequent media coverage compounded by the court case, clearly violated the rule, causing significant harm to horseracing’s integrity and reputation.

We note that in the legal submissions filed on his behalf Mr Comer accepts that skeletal remains were found on Ginnet’s Estate, and that he ultimately has responsibility for this. However, Mr Comer denies, in the strongest possible terms, that he was responsible for bringing the remains of deceased horses on to Ginnet’s Estate. Mr Comer maintains that he has always ensured that fallen animals are properly disposed of and has produced supporting evidence from Ward Union Hunt in that regard. He also points out that no other issues were raised regarding the horses at either of the sites that were inspected which is correct.

In the legal submissions the following helpful acceptance of the case by Mr Comer is expressly stated as follows.

Mr Comer is deeply remorseful that this event occurred as it has damaged himself, his family business and impacted on the interests of horseracing in Ireland, for which he has a great passion. Mr Comer’s working life is devoted to working within horseracing in Ireland.

Mr Comer accepts that he has responsibility for the finding of skeletal remains on his property and the ensuing investigation. Mr Comer accepts that a sanction must be imposed by the Referrals Committee as a breach of the Rules”

We proceed on the basis that a breach of the rules is established without objection and so we must consider an appropriate sanction taking into account the aggravating and mitigating factors and conscious that we must impose a proportionate penalty on the basis of the evidence and Mr Comer’s role in events.

The IHRB asked us to impose a suspension of one year and a fine on each charge. Mr Comer suggested a contribution of €10,000 each year for two years to Treo Eile, an organisation dedicated to the rehoming and retraining of racehorses, as an appropriate penalty.

We have considered this case in the round and find as follows:

Clearly the discovery of horse carcasses in this way is unacceptable and offends good training practice and damages the integrity of racing. Mr Comer denies any direct involvement, that the failings are of some vintage and may have been contributed to by others working on the property at the time. In addition, the property at issue is large and the discovery was in a forested area. Nonetheless, as Mr Comer recognises himself, the licensed trainer ultimately bears responsibility.

Overall, we find that there was significant carelessness by way of lack of attention regarding horse welfare on the property and proper disposal of carcasses. Out of what we were told was a cohort of some 70 horses or so on the subject premises, we find it hard to comprehend how Mr Comer would not notice if some were missing or what was happening generally. However, even on Mr Comer’s own case that there was no malign intention or direct involvement on his part, he is connected to the discovered deceased horses found on his land andoffending behaviour still occurred by omission which breaches trainer’s obligations. This and what happened in the aftermath, clearly damages the good reputation of racing and undermines public confidence in horse welfare standards within the industry.

This is a significant breach of Rule 272(i). Sanction under that rule is sufficient to deal with all of the elements of the offending and so we do not need to consider the other Rule 273(xiii) which overlaps.

We consider that a fine is insufficient to deal with this charge. A suspension of Mr Comer’ s Restricted Licencefor a period is the only proper outcome to reflect the seriousness of this charge. Had Mr Comer not shown remorse and accepted the charge the sanction would have been greater. Having considered the evidence, his position, the mitigation he has offered and the testimonials on his behalf, we consider that a suspension from holding a licence for one year is appropriate. This suspension will be effective from 12 September 2024. After the expiry of that period, Mr Comer can make an application to the Referral’s Committee in relation to the suspension and approval and thereafter it will be for the Licensing Committee to reinstate his licence if it sees fit. In addition, we are content not to impose a fine on the basis that Mr Comer contributes €10,000 each year for two years to Treo Eile, an organisation dedicated to retraining and rehoming racehorses, as he has volunteered.”

The case was presented by Ms Christine Traynor BL, IHRB Head of Racing Regulation and Integrity. Mr Comer was represented by David Geoghegan BL, instructed by Andrew Turner of Hamilton Turner Solicitors, Dame Steet, Dublin.