The Referrals Committee, Justice Tony Hunt, (in the chair), Justice Leonie Reynolds and C.P. Magnier, met at the Turf Club, Curragh, Co. Kildare on Wednesday, 12th April 2017, to consider the request from the BHA to reciprocate the penalty imposed on Paul Gilligan, following an enquiry held into;- 

(a) Whether the horse Dubawi Phantom which won a race at Uttoxeter on 29th June 2014 should be disqualified under Rule (A)74 Ground 4 of the Rules of Racing as it had previously run at an unrecognised meeting in Ireland (contrary to paragraph 13 of Schedule B(2) of the Rules); and
(b) Whether the trainer, Paul Gilligan, had been in breach of Rule (A)29 of the Rules of Racing by entering Dubawi Phantom in a race at Uttoxeter on 29th June 2014 when he knew the horse was not qualified as it had run at an unrecognised meeting in Ireland.
Having considered the evidence the Disciplinary Panel of the BHA found:
(a) That Dubawi Phantom ran under the name Ayers Rock at an unrecognised meeting at Dingle in Ireland on 10th August 2013 and at other unrecognised meetings in Ireland;
(b) That in consequence Dubawi Phantom was not qualified to be entered to run in the Bet 365 Handicap Hurdle race at Uttoxeter on 29th June 2014;
(c) That by reason of the foregoing Dubawi Phantom should be disqualified under Rule (A)74 of the Rules of Racing;
(d) That the trainer Paul Gilligan knew that Dubawi Phantom was not qualified to be entered or to run in the said race at Uttoxeter;
(e) That accordingly Mr Gilligan was in breach of Rule (A)29.1 of the Rules of Racing.
As a result, they imposed a penalty of disqualification on Paul Gilligan for a period of 6 months from 19th December 2016 until 18th June 2017 inclusive. Paul Gilligan did not appeal the decision.

By email dated 21st December 2016, The Turf Club received a request from the BHA to reciprocate the penalty. Michael Keane, on behalf of Paul Gilligan, did not contest the request.

In accordance with the provisions of Rule 274 (ii), the Referrals Committee reciprocated the penalty. In arriving at their decision, they noted that the provisions of Regulation R18 did not apply as Mr. Gilligan had not exhausted all avenues of appeal in the jurisdiction of the foreign Turf Authority (BHA).

The case was presented by Cliodhna Guy, solicitor. Paul Gilligan was represented by Michael Keane, solicitor, Flynn and McMorrow Solicitors, Carrick-on-Shannon, Co Leitrim.