The Referrals Committee, Justice Tony Hunt (in the chair), Philip Caffrey and Philip McLernon met at the Turf Club, The Curragh, Co. Kildare on Tuesday, 22nd August 2017, to consider whether or not Ms. Denis Marie O’Shea, Restricted Trainer, was in breach of any rules as a result of stable inspections carried out at her Training Establishment on 21st September 2016 by Turf Club Officials, Michael O’Donoghue, Dr Lynn Hiller MRCVS and Nicola O’Connor MVB, and a follow up inspection on 14th February 2017 which was carried out by Michael O’Donoghue and Nicola O’Connor MVB.

During the inspection, a number of anomalies arose which included:
(i) Failure to properly record veterinary treatments of horses in the Medicines Register as required by Rule 148(iii) (b).
(ii) Failure to update the markings of “Saddlers Ask” as required by Rule 148(i) and Regulation 8(A)(2).
(iii) Failure to register part-time staff and yardman as required by Rule 149(i) and (ii).
(iv) Failure to have the most recent S.E.B.S payment displayed in a staff working area and failing to pay the most recent S.E.B.S payment to registered staff as required by Rule 298 (3, 6 & 8).

The matter was referred to the Referrals Committee by Cliodhna Guy, Head of Legal and Compliance.

Evidence was heard from Michael O’Donoghue and Denise Marie O’Shea. The Committee also considered written reports on the stable inspections.

In her evidence Ms Denise O’Shea outlined the background to what occurred and referred to a number of issues going on at the time which contributed to the problems highlighted.

Having considered the evidence the Referrals Committee found that Ms O’Shea was in breach of the following Rules for the reasons outlined above:
- Rule 148(iii)(b) – fine imposed €130
- Rule 148(i) and Regulation 8(A)(2) – fine imposed €130
- Rule 149(i) and (ii) – fine imposed €130
- Rule 298 (2, 6 & 8) – fine imposed €260

They also ordered that she make a contribution of €200 towards Turf Club costs. In arriving at the level of penalty, the Committee took into account a number of mitigating factors which were specific to this case.