The Referrals Committee, Sean Barry (in the Chair), J.R. Craigie and N.P. Lambert met at the Turf Club, The Curragh, Co. Kildare on Monday 28th September 2015, to consider whether or not Noel Dooly, Trainer, was in breach of any rules as a result of a random stable inspection carried out at his Training Establishment on 14th August 2015 by Turf Club officials Michael O’Donoghue and Nicola O’Connor, M.V.B.

During the inspection the officials found a number of anomalies including:
i) A failure to return Expert Opinion, Fourteensixtysix, Gigis Alright and Sheriff Callie out of training even though the horses had left his care.
ii) A failure to provide a secure unit for the safekeeping of medicines.
iii) The fact that Sheriff Callie, which was owned by Thomas Fleming, had run in the name of Ms Jennifer Dooly at Wexford on 24th July 2015.

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

Evidence was heard from Michael O’Donoghue, Nicola O’Connor M.V.B., Noel Dooly and Thomas Fleming, owner of Sheriff Callie. The Committee also considered a written report on the visit which was completed by Michael O’Donoghue and Nicola O’Connor M.V.B, as well as correspondence received subsequent to the inspection from Thomas Fleming relating to the ownership of Sheriff Callie.

In his evidence Michael O’Donoghue outlined what he found during the random stable inspection and referred to the anomalies. In relation to Sheriff Callie, he stated that the horse had run in Jennifer Dooly’s name at Wexford on 24th July 2015 even though the horse was owned by Thomas Fleming at whose premises the horse was now being cared for.

In her evidence Nicola O’Connor M.V.B. said her main concern was the failure to provide a secure unit for the safe keeping of medicines.

In his evidence Noel Dooly accepted that he had not returned the four horses out of training in accordance with the provisions of Rule 148(vi) due to pressure of work. He said that all veterinary medicines were kept in his office in a drawer and he now accepted this was wrong. He said he had now transferred all veterinary medicines to a locked unit in the tack room.

Mr Dooly outlined the reason why Sheriff Callie ran in his wife’s name at Wexford on 24th July. He said he had faxed a “Sales with Engagements form” to Horse Racing Ireland on the Tuesday morning (21st July) prior to the race but he only found out on the Thursday morning (23rd July) after declarations had closed that the form had not been received by Horse Racing Ireland. He produced a copy of the error report from the fax machine which was only printed on 23rd July. He said he was not aware that he could have lodged a change of ownership declaration at scales which would have allowed the horse run in Mr Fleming’s name. Mr Dooly accepted he did not check that the fax had been received by Horse Racing Ireland after it had been sent.

In his evidence Thomas Fleming accepted that he owed money to Mr Dooly at the time and he agreed to transfer the horse to Mr Dooly in lieu of the monies owed. However, on the Tuesday morning (21st July) prior to the race, Mr Fleming discharged the monies due to Mr Dooly with the result that the Sales with Engagement form was completed and faxed to Horse Racing Ireland. As far as Mr Fleming was concerned the horse would be running in his name at Wexford and it was only after declarations closed that he realised there was a problem as the horse was still in Mrs Dooly’s name.

Having considered the evidence the Committee found Noel Dooly in breach of Rule 148(vi) for failing to return four horses out of training in accordance with this Rule. He was also found in breach of Rule 148(iii)(a) for failing to provide a secure unit for the safekeeping of medicines.

In view of the explanations offered for the running of Sheriff Callie in his wife’s name at Wexford when she was not the owner of the horse, the Committee decided to take no further action. However, they were critical of the fact that Mr Dooly did not confirm whether or not Horse Racing Ireland had received the fax which would have avoided the issues which arose.

In relation to the rule breaches, Noel Dooly was fined €130 in respect of each horse which he had omitted to return out of training (total €520). He was also fined €130 for the breach of Rule 148(iii)(a) for failing to provide a secure unit for the safekeeping of medicines.

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