The Referrals Committee, Mr. Justice Brian McGovern (in the chair), Mr. Nicholas Wachman and Mr. Peter M. Allen convened at the Offices of the Irish Horseracing Regulatory Board on Monday 17th, Tuesday 18th, Wednesday 19th and Thursday 20th October 2022 to consider the referral of Ronan McNally (Trainer), David Dunne (Trainer), Mark Enright (Rider), Darragh O’Keeffe (Rider), Mr. Eoin O’Brien (Rider), Ciarán Fennessy (Handler), Mr. Liam Fennessy and Mr. Aaron Fennessy.
The referral hearing followed an investigation by the Irish Horseracing Regulatory Board into the improvement in form of a number of horses owned by Mr. McNally.
At the referral hearing, evidence was heard from Mr. McNally, Mr. Dunne, Mr. Enright, Mr. O’Keeffe, Mr. O’Brien, Mr. Ciarán Fennessy, Mr. Chris Gordon, IHRB Head of Security & Investigations, Mr. Michael O’Donoghue, IHRB Stipendiary Steward, Mr. Garry O’Gorman, IHRB Senior Flat Handicapper, Mr. Mark Bird, IHRB Flat Handicapper, Mr. Andrew Shaw, IHRB Senior National Hunt Handicapper, Mr. Shay Quinn, IHRB National Hunt Handicapper, Dr. Sarah Ross, IHRB Veterinary Officer, Mr. Ian Devlin, Paddy Power Betfair, Mr. Alan Creighton, Irish Equine Centre and Mr. William Sharpe, Lisadelle Equine Hospital.
The full written decisions issued by Justice McGovern on behalf of the panel following the Referral Hearing and the subsequent sanctions hearing on 13th January 2023 are set out below:
A hearing took place at the premises of the IHRB at the Curragh on 17, 18, 19 and 20 October, 2022 into alleged breaches of The Rules of Racing and Irish National Hunt Steeplechase Rules (hereinafter referred to as “The Rules”) by the respondents on various dates in 2019, 2020 and 2021.
The Referrals Committee consisted of Mr. Justice Brian McGovern (chairman), Mr Nicholas B. Wachman, and Mr. Peter M. Allen.
Mr. McNally is alleged to have been in breach of the following Rules: Rule 148(i), 148(v)(f), 213(iv), 212, 212A(i), 272, 273(vi), 273(viii), 273(xiii), 273(xiv)5 and 121(vii).
Mr. Dunne is alleged to have been in breach of the following Rules: Rule 272, 272(ii), 273(xiii) and 121(vii).
Mr. Darragh O’Keeffe is alleged to have been in breach of the following Rules: Rule 212(A)(i), 212(A)(ii), 212(A)(iii) and 213(iv).
Mr. Eoin P. O’Brien is alleged to have been in breach of the following Rules: Rule212(A)(i), 212(A)(ii), 212(A)(iii) and 213(iv).
Mr. Mark Enright is alleged to have been in breach of the following Rules: Rule 212(A)(i), 212(A)(ii), 212(A)(iii) and 213(iv).
Mr. Ciarán Fennessy is alleged to have been in breach of the following Rules: Rule 272, 273(viii) and 273(xiii).
Mr. Liam Fennessy and Mr. Aaron Fennessy are each alleged to have been in breach of the following Rules: Rule 272, 273(viii), 273(xiii), 273(xiv)6 and 273(xiv)7.
Mr. Aaron Fennessy did not attend the hearing and was not legally represented.
While Mr. Liam Fennessy attended on one day of the hearing he was not legally represented and did not give evidence or make any submissions.
Mr. McNally, Mr. Enright and Mr. O’Keeffe were represented by Counsel and a Solicitor.
Mr. Dunne, Mr. O’Brien and Mr. Ciarán Fennessy represented themselves.
The Committee heard evidence from the following witnesses:
Mr. Chris Gordon, Head of Security & Investigations.
Mr. Michael O’Donoghue, Stipendiary Steward,
Mr. Gary O’Gorman, Senior Rules and Racing Handicapper.
Mr. Mark Bird, Rules of Racing Handicapper.
Dr. Sarah Ross, IHRB Veterinary Officer.
Mr. Ian Devlin, Paddy Power Betfair.
Mr. Andrew Shaw, Senior National Hunt Handicapper.
Mr. Shay Quinn, National Hunt Handicapper.
Mr. Ronan McNally, trainer.
Mr. Alan Creighton, Irish Equine Centre.
Mr. Mark Enright, jockey.
Mr. David Dunne, Trainer.
Mr. Eoin O’Brien, amateur jockey.
Mr. Darragh O’Keeffe, jockey.
Mr. William (Liam) Sharpe, Lisadell Equine Centre.
Mr. Ciarán Fennessy.
Four horses owned by Mr. McNally came within the scope of the investigation before the Referrals Committee. The following is the case made on behalf of the Board:
In 2020 three horses owned by Mr. McNally showed extraordinary improvements in their form and handicap ratings over a very short period of time. Investigations revealed that the upturn in form and handicap ratings for the horses was dramatic and exceptional and occurred without any change in their training regime or other circumstances that would legitimately explain the dramatic and exceptional change in performance. Two of the four horses, namely Dreal Deal and The Jam Man, were trained by Mr. McNally and the other two, Full Noise and All Class, were nominally trained by Mr. Dunne and their true ownership was concealed by Mr. Dunne and Mr. McNally. The change in ability and handicap ratings of the horses was accompanied by the betting market chasing in those horses when they came good and, at least in the case of Dreal Deal, persons connected to Mr. McNally (Messrs Aaron and Liam Fennessy, through Mr.Ciarán Fennessy) were able to bet against it when it was well down the field and bet on it to win when it won.
It is the Board’s case that by far the most likely explanation for what is seen from the performance of the three horses, (Dreal Deal, Full Noise and The Jam Man) is that Messrs McNally and Dunne were manipulating the handicapping of the horses and that they were doing so illicitly when judged against the obligations imposed on them under the Rules. It is alleged this manipulation was achieved by: (i) Racing the horses when not fit or when the horses were ill; (ii) Sending the horses to course for schooling /conditioning, and/or; (iii) Riding or arranging for them to be ridden improperly as against the Rules .
Mr. McNally holds a restricted trainer’s licence and has had some success as a trainer and a rider. At all material times he was the owner of Dreal Deal and The Jam Man, which he bought from Mr. Pat Fennessy and which he had at his yard. All Class, Full Noise and Petrol Head were in training in Mr. Dunne’s yard under lease agreements with Mr. McNally.
The Committee heard evidence that established that Dreal Deal, The Jam Man and Full Noise achieved a very dramatic improvement in their assessed form since each of them ran for the first time in a handicap race. In the case of Dreal Deal this happened on both the Flat and over Hurdles. (see Table B annexed to report). The IHRB handicappers called for enquiries in relation to horses in training with Mr. McNally as follows: The Jam Man, Flat at Limerick 11 September 2020, and Dreal Deal (i) Hurdle at Navan on 19 September 2020, and (ii) Flat at Limerick on 10 October,2020. Following those enquiries the performance improvement was referred to the Referrals Committee.
On the issue of betting and handicapping the Committee heard evidence from the handicappers, namely, Mr. Bird and Mr. O’Gorman (in relation to The Jam Man) and from Mr. Shaw, Mr. Bird and Mr. O’Gorman (in relation to Dreal Deal). The Committee also heard from a number of the respondents on these issues, namely, Messrs. McNally, Dunne, Enright, O’Keeffe, O’Brien and Mr. Ciarán Fennessy. In addition, the Committee, during the hearing, reviewed a number of video recordings of relevant races and heard evidence on betting patterns concerning the horses from Mr. Ian Devlin of Paddy Power Betfair.
On the basis of the evidence before it, the Committee is satisfied that Dreal Deal and The Jam Man ran substantially better than their handicaps would have suggested in the races that led to their being referred to the Committee and that those performances were exceptional in the view of very experienced handicappers, especially as they occurred over such a short period of time. The improvement in form could not be explained by training methods. The IHRB argued that the remarkable changes in performance were brought about by breaches of the Rules relating to Riding and Training.
In Gowran Park on 17 June 2020 in a 9.5 furlong maiden Mr. O’Keeffe was put up on Dreal Deal and the video evidence established that the horse remained in the stalls after the other horses had left and there was no real effort made to demonstrate the horse’s merits or to put the horse into the race. Mr. O’Keeffe failed to report the horse taking a blow and was given limited instructions to pop him out and get into position.
In Navan on 3 July 2020 in a 2 mile maiden Mr. McNally on The Jam Man and Mr. O’Brien on Dreal Deal made no attempt to start the race at the same time as any other horse in the race and having missed the break neither jockey did anything to put their horse into the race and rode in a manner that constituted conditioning or schooling, making no effort to ride to the horses’ merits. When interviewed in a subsequent enquiry into the running of The Jam Man, Mr. McNally said that the horse went to sleep in the stalls and he was not going to beat the horse as it was coming back from illness. He contended that there was Aspergillus in the yard and that the horse was suffering from Aspergillosis. He put down the poor performance of his horses to this or some other illness caused by the aspergillus in the hay. He reported that the horse had bled badly at Cheltenham and that the horse had been in training for ten weeks and did not sound as clear as he should have. This had not been reported. In the case of Dreal Deal, Mr. O’Brien accepted he had not ridden out of stalls much and that he was given no instructions beyond getting the horse settled.
At the Curragh 10 July 2020 in an 8 furlong Maiden Mr. Enright was put up on Dreal Deal and the video recording of the race showed that when the stalls opened the horse sat in the stalls and when it left after the other horses there was no serious attempt to put the horse into the race or encourage it to run to its merits. The evidence strongly suggested that the race was used for schooling or conditioning. Furthermore, there was no report of the start made by Mr. Enright.
At the Stewards’ Enquiries into the improved performances Mr. McNally gave the following explanations:
At Limerick on 11 September 2020 he said that after illness due to aspergillus in the yard The Jam Man was not better following intervention by a healer and hard work. He said the horse had a problem with his lungs but had scoped clean on 16 September, 2020.
At Navan on 19 September he said that the Aspergillus in his yard was a major factor and that Dreal Deal was now better. He asserted that The Jam Man had a diagnosis of Aspergillosis and that the horse had been left out in the fields with no saddles until 8 June 2020 and that Dreal Deal was 80% fit at Gowran Park on 17 June, 2020.
At Limerick on 10 October, 2020 he said that Dreal Deal was hitting form after Aspergillosis and he did not consider there was a marked improvement in form.
The Committee heard evidence from Dr. Sarah Ross that while Aspergillus is quite common in hay that might be found in a yard, Aspergillosis in horses is extremely rare. This evidence was not disputed by any expert witness and the Committee accepts her evidence on this point. While there was evidence to show Aspergillus in hay samples taken from Mr. McNally’s yard there was no evidence produced by Mr. McNally to show that any of his horses were suffering from Aspergillosis at any time relevant to this investigation.
No records were produced to show the nature of the training carried out by Mr. McNally which would explain the dramatic improvement in form of his horses. He admitted to keeping no records of exercise or weighing of his horses and while he admitted scoping his horses he kept no records of the procedure. While evidence was given by a veterinary expert witness that scoping is a procedure that should be carried out by a qualified veterinarian the Rules do not specifically prohibit trainers without veterinary qualification from carrying out scoping.
Video recordings of the relevant races and evidence from jockeys establishes that in a number of races in 2020 the horses were run when not fit to race. In the case of Dreal Deal on 24 March 2020 at Clonmel Mr. O’Brien said that the horse had “nothing under the bonnet”. On 10 July, 2020 at the Curragh Mr. Enright said Dreal Deal gave no response. 17 June 2020 at Gowran Park, Mr. O’Keeffe said, in relation to Dreal Deal, that there was nothing coming back. So far as the runs of Dreal Deal and The Jam Man in July were concerned the evidence established that they had not had training up until 8 June 2020 having been out in the fields without saddles for some time.
The Committee is satisfied, from the evidence, that the horses were raced when Mr. McNally did not consider them to be fit and when they were, in some cases ill, although not suffering from Aspergillosis. The evidence considered is the oral testimony of witnesses (including exhibits), the video recordings of relevant races, and the transcript of interviews carried out by Mr. Chris Gordon, Mr. Michael O’Donoghue and Mr. Mark Bird.
The following matters which should have been reported were not reported:
Mr. O’Brien failed to report the poor performance of Dreal Deal at Clonmel on 4 March 2020.
Mr. McNally failed to report matters which may have affected the performance of Dreal Deal and The Jam Man.
No report was made to the Stewards Secretaries that Dreal Deal was slow from the Stalls at Gowran Park on 17 June 2020. While the jockey told the trainer, Mr. McNally, that the horse “didn’t really carry him and didn’t seem interested” and that if he had jumped out of the stalls he could have finished fifth or sixth, none of this information, which could have been relevant to the handicapper, was reported.
No report was made to the Stewards Secretaries that at the Curragh on 10 July 2020 Dreal Deal stood in the stalls when they opened and was very slowly away. Mr. McNally acknowledged that the horse’s performance was affected by his slow exit from the stalls.
Mr. Mark Enright failed to report that Dreal Deal hung badly left throughout the race at Cork on 8 August 2020 and that he was “still sluggish”.
Until Dreal Deal won at Navan on 19 September 2020 Mr. McNally had never reported that the horse had been suffering from sickness.
At Gowran Park on 17 June, 2020 the Stewards received a report from Mr. O’Keeffe the rider of The Jam Man about the horse’s poor performance. He reported that the horse was unable to keep up with the pace and raced with little interest. Mr. McNally had not volunteered this information.
At Navan on 3 July, 2020 Mr. McNally rode The Jam Man which was extremely sluggish from the stalls and this was not reported. At a running and riding enquiry it emerged that The Jam Man had a wind issue which was not reported after the race. It also emerged, at that enquiry, that The Jam Man had bled badly after running at Cheltenham on 12 March, 2020. This had not been reported to the IHRB and Mr. McNally admitted this to be the case.
The IHRB contends that Mr. McNally tried to achieve a position whereby Dreal Deal and The Jam Man could get to a stage where they could race to their true ability without that ability being seen or discovered by the betting public. Cogent evidence was produced before the Committee which showed a betting pattern showing the horses having no prospects until their true ability is to be shown at which point, coincidentally, the market moves to back the horses into short odds on the very occasions when the horses’ true performance is produced.
Liam Fennessy and Aaron Fennessy are father and son and live at the same address as Ciarán Fennessy (Aaron’s brother). Mr. Ian Devlin of Paddy Power Betfair (PPB) gave evidence about how the betting market works and he confirmed that on 16 February, 2021 PPB received a request from the IHRB to produce a statement about the betting activity of two Betfair Exchange accounts in the names of Liam Fennessy and Aaron Fennessy. He produced spreadsheets showing a consolidated betting history for their accounts. The evidence established that in relation to Dreal Deal, Liam Fennessy and Aaron Fennessy backed the horse not to be placed in Clonmel on 4 March, 2020 and 24 March, 2020. They also backed Dreal Deal to win on the day it won at Navan on 19 September,2020. The evidence showed a definite bias towards horses trained by Mr. McNally. The Board alleges that they had received inside information from either Mr. Ciarán Fennessy or Mr. McNally. The evidence of their betting on Dreal Deal shows that they had knowledge of the expectations for the horse on the day. Any other explanation is simply not credible. The evidence established that on a number of occasions Mr. McNally discussed the training and performance of Dreal Deal with Mr. Ciarán Fennessy, although there was no good reason to do so since Mr. Fennessy was not the owner.
Mr. McNally owned a number of horses including All Class, Full Noise, and Petrol Head. It is alleged that he did not register his ownership and that they ran under the ownership of Mr. Patrick Griffin and Mr. Paul Dunne. When interviewed at Downpatrick on 13 June, Mr. McNally accepted that he had leases with Mr. Dunne but suggested that they were informal arrangements. He accepted that he had All Class in training with Mr. Patrick Griffin as he had too many horses to train. He accepted that All Class was at his yard in Armagh when inspected and he stated that when the horse was being trained with Mr. David Dunne he only went to his yard to ride out for him. Mr. McNally accepted that leases were never registered with HRI. It is alleged that Mr. Dunne allowed these horses to run in his name although he knew Mr. McNally to be the owner. In doing so the true ownership of the horses was concealed from the public. While Mr. McNally was entitled to own as many horses as he wished, he had a restricted trainer’s licence which limited the number of horses he could have in training.
The hearing before the Committee took place over four days during which time an extensive amount of oral evidence was heard. In addition, the Committee had the benefit of reviewing a number of video recordings of relevant races and received submissions on behalf of a number of parties before it. Other evidence before the Committee comprised transcripts of interviews with parties and witness statements which were verified and adopted by those witnesses and who were cross examined on the basis of those statements. The standard of proof required by the Committee in respect of the allegations made is proof on the balance of probabilities. While Counsel on behalf of one of the parties suggested that an “anxious scrutiny” test was appropriate where a finding might have severe consequences, the Committee is not satisfied that this is the correct test. The Committee accepts that it must exercise the appropriate degree of care in reaching its conclusions which is proportionate to the gravity of the consequences for the parties. In the course of the hearing certain parties made admissions with regard to certain of the breaches of the Rules alleged but offered explanations for those breaches and argued that they were not serious in nature for reasons given.
Having heard the evidence and the submissions the Committee reached the following conclusions:
Alleged breaches of the Rules by Mr. Ronan McNally
CHARGE 1
Rule 148(i). It is alleged Mr. McNally (i) failed to seek adequate veterinary care for Dreal Deal, and/or (ii) that he ran the horse when it was not right and /or (iii) that he endangered the welfare of animals by personally using an endoscope device on his horses. The Committee accepts the evidence of Dr. Ross that the insertion of an endoscope is a veterinary task that should be carried out by a registered veterinarian and it is undesirable for a trainer who is not a veterinarian to carry out such a procedure as it could cause injury or trauma to the animal. At the hearing the Board made the case that endoscopic examination should be carried out by a veterinarian but did not establish that, in the examples referred to, that there was a breach of this Rule.
The Committee makes no finding against Mr. McNally under this Charge.
CHARGE 2
Rule 148(v)(f). It is alleged that Mr. McNally failed to properly school both Dreal Deal and/or The Jam Man for exiting starting stalls in preparation for their maiden flat races.
The Committee finds this allegation proved.
CHARGE 3
Rule 213(iv). It is alleged that Mr. McNally, as trainer of Dreal Deal and/or The Jam Man failed to report, in accordance with Rule 213(ii) and Rule 213(iii) matters which might have affected the running of these horses during races and/or matters which subsequently came to his notice and might have had a bearing on their past and/or future running.
In the case of Dreal Deal these breaches occurred at the following venues and dates:
Limerick, 7 December, 2019, 28 December, 2019, Clonmel 24 March, 2020, Gowran Park 17 June, 2020, Curragh 10 July, 2020, and Cork 8 August, 2020.
In the case of The Jam Man these breaches occurred at the following venues and dates:
Gowran Park 17 June, 2020, and Navan 3 July 2020.
Mr. McNally admitted that he failed to advise of concerns raised by the Irish Equine Centre involving Dreal Deal and that, throughout the campaigning of the horse, he failed to disclose matters concerning its health and condition and/or running and riding issues. He also admitted that he failed to report that The Jam Man bled at Cheltenham on 12 March, 2020.
Of the matters not admitted the Committee is satisfied on the evidence that the breaches alleged under this heading have been proved.
CHARGE 4
Rule 212. It is alleged that Mr. McNally failed to ensure that his horses ran on their merits and/or that he used the racecourse as a training ground by running horses insufficiently schooled, in order to obtain handicap marks not reflective of their ability in advance of their handicap run. The evidence is to be found in a pattern of running of his horses in a number of races already referred to in this report.
The Committee finds that he used the racecourse as a training ground when The Jam Man was ridden by Mr. McNally himself at Navan on 3 July 2020, and Dreal Deal was ridden by Mr. O’Brien at the same venue on that date.
The Committee finds that this allegation is proved.
CHARGE 5
Rule 212A(i). It is alleged that Mr. McNally, as the rider of The Jam Man on 3 July 2020 at Navan deliberately permitted the horse to run other than on his merits, in that he deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.
The Committee finds this allegation is proved.
CHARGE 6
Rule 272. It is alleged that Mr. McNally, as a restricted trainer licensed by the IHRB, from 28 September, 2019 to the present, has conducted the training and running of his horses in a manner which is prejudicial to the integrity, proper conduct and good reputation of horseracing.
The Committee finds that this allegation has been proved.
CHARGE 7
Rule 273(vi). It is alleged that Mr. McNally deterred and/or prevented and/or conspired to deter and/or prevent both Dreal Deal and/or The Jam Man from running to their maximum ability in their maiden flat races.
The Committee finds that this allegation has been proved.
CHARGE 8
Rule 273(viii). It is alleged that Mr. McNally conspired with Mr. Ciarán Fennessy and/or Mr. Liam Fennessy and/or Mr. Aaron Fennessy and/or others to engage in a corrupt and fraudulent practice in relation to the passing of inside information for betting purposes and/or concealing the true ability of horses in order to obtain handicap marks not reflective of their ability.
The Committee is satisfied that this allegation is proved in the case of Mr. McNally insofar as his interaction with Mr. Ciarán Fennessy is concerned. The remaining parts of the charge are not proved.
CHARGE 9
Rule 273(xiii). It is alleged that Mr. McNally, through the following conduct as a licensed trainer caused serious damage to the interests of horseracing in Ireland:
Failing to seek adequate veterinary care for Dreal Deal despite concerns raised about the wellbeing of the horse by riders following poor racecourse performances and on the basis of his own stated belief that the horse was suffering from Aspergillosis;
Using the racecourse as a training ground and schooling in public with the objective of acquiring a lenient official handicap rating for his horses;
Achieving a pattern of improvement in form of horses at a level previously unfamiliar to experienced and long-serving handicapping officials;
Securing a pattern of organising betting coups in association with improvement in form;
Passing information about the condition and wellbeing of Dreal Deal to allow others profit from betting on the horse with a betting organisation;
Concealing his ownership of horses in other training yards and organising the manipulation of official handicap ratings for All Class and Full Noise and subsequent improvement in form, and/or
Treating the Rules of Racing in a cavalier manner as described above but also in terms of disregarding the need to report a series of issues under Rule 213 relevant to the proper conduct and management of horseracing.
The Committee is satisfied that items 2,3,5,6 and 7 have been proved on the evidence.
CHARGE 10
Rule 273(xiv)5. It is alleged that Mr. McNally conveyed information to Mr. Ciarán Fennessy and/or Mr. Liam Fennessy, not in the public domain, about the condition or wellbeing of Dreal Deal (which may have negatively affected its likely performance) in races at Clonmel on 4 March and/or 24 March, 2020, in circumstances where he knew or ought reasonably to have known that such information may be used for the purposes of backing the horse to lose with a betting organisation.
The Committee finds this allegation proved in respect of Mr. Ciarán Fennessy but not in respect of Mr. Liam Fennessy.
CHARGE 11
Rule 121(vii). It is alleged that Mr. McNally failed to lodge the correct ownership details with the Registry Office in Horse Racing Ireland before entering and/or running All Class, Full Noise, and Petrol Head in respect of the following races:
All Class- trained by Patrick Griffin:
27 March, 2019 Limerick
28 March, 2019 Leopardstown
11 January, 2020 Fairyhouse
26 January, 2020 Navan
2 March, 2020 Leopardstown
17 March, 2020 Wexford
22 March, 2020 Downpatrick
24 March, 2020 Clonmel
15 June, 2020 Roscommon
7 July, 2020 Killarney
14July, 2020 Tipperary
All Class- trained by David Peter Dunne:
6 November, 2020 Curragh
10 December, 2020 Tramore
20 January, 2021 Dundalk
5 February, 2021 Dundalk
5 March, 2021 Dundalk
27 March, 2021 Navan
8 April, 2021 Gowran Park
9 April, 2021 Wexford
24 April, 2021 Limerick
4 May, 2021 Gowran Park
11 May, 2021 Roscommon
11 July, 2021 Sligo
2 August, 2021 Cork
Full Noise- trained by David Peter Dunne
13 October, 2020 Punchestown
31 October, 2020 Down Royal
17 November, 2020 Limerick
1 December, 2020 Limerick
3 January, 2021 Fairyhouse
28 January, 2021 Gowran Park
5 March, 2021 Fairyhouse
9 April, 2021 Wexford
30 May, 2021 Punchestown
31 May, 2021 Punchestown
Petrol Head- trained by David Peter Dunne
8 December, 2020 Punchestown
28 December, 2020 Leopardstown
29 January, 2021 Navan
21 February, 2021 Navan
27 March, 2021 Navan
7 May, 2021 Cork
11 May, 2021 Killarney
18 May, 2021 Sligo
19 May, 2021 Cork
1 June, 2021 Tipperary
4 July, 2021 Limerick
12 July, 2021 Limerick
31 July, 2021 Galway
Mr. McNally admitted being unaware of the requirement to register the correct ownership details and is, accordingly in breach of this rule. While he did not admit to each of the specific matters listed above the Committee is satisfied, on the balance of probabilities, that the breaches were proved.
Alleged breaches of rules by Mr. David Peter Dunne
CHARGE 12
Rule 272. It is alleged that Mr. Dunne, as a trainer licensed by the IHRB, from 1 October, 2020 to the present, conducted the training and running of his horses in a manner which is prejudicial to the integrity, proper conduct and good reputation of horseracing.
The Committee is not satisfied that this charge has been proved.
CHARGE 13
Rule 272(ii). It is alleged that Mr. Dunne supplied misleading information and/or false information to an Official, at a Stewards’ Enquiry on 27 March, 2021 at Navan.
The Committee is satisfied that this allegation is proved.
CHARGE 14
Rule 273(xiii). It is alleged that Mr. Dunne, through the following conduct as a licensed trainer, caused serious damage to the interests of horseracing in Ireland:
Campaigned All Class and/or Full Noise with the objective of manipulating official handicap ratings;
Achieved improvement in form of Full Noise at a level previously unfamiliar to experienced and long-serving handicapping officials;
Conspired with Mr. McNally to conceal his ownership of All Class and/or Full Noise, and
Treated the Rules of Racing in a cavalier manner.
The Committee is satisfied that item number 3 has been proved.
CHARGE 15
Rule 121(vii). It is alleged that Mr. Dunne is in breach of this Rule in failing to lodge the correct ownership details with the Registry Office in Horse Racing Ireland before entering and/or running All Class, Full Noise and Petrol Head in 36 races which are specified in the Schedule of Breaches furnished to the Respondents.
Mr. Dunne has admitted the charge in respect of 17 of the 36 races referred to. The Committee finds that those allegations not admitted have been proved.
Alleged breaches of Rules by Mr. D. J. O’Keeffe
CHARGE 16
Rule 212(A)(i). It is alleged that Mr. O’Keeffe, as rider, deliberately prevented Dreal Deal to run other than on its merits at Gowran Park on 17 June, 2020, in that Mr. O’Keeffe deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.
While the horse was very slow in leaving the stalls, the Committee is not satisfied that it was due to the deliberate action of Mr. O’Keeffe and therefor this charge is not proved.
CHARGE 17
Rule 212(A)(ii). It is alleged that Mr. O’Keeffe, as rider, caused Dreal Deal at Gowran Park on 17 June, 2020 to be ridden in such a way that the horse could not be seen to have been the subject of a genuine attempt to obtain from the horse a timely, real and substantial effort to achieve the best possible placing.
The Committee is not satisfied that this charge has been proved.
CHARGE 18
Rule 212(A)(iii). It is alleged that Mr. O’Keeffe, as rider, of Dreal Deal at Gowran Park on 17 June, 2020 schooled the horse in public.
The Committee is not satisfied that this charge has been proved.
CHARGE 19
Rule 213(iv). It is alleged that Mr. O’Keeffe failed to make a report under Rule 213 at Gowran Park on 17 June, 2020 about the slow start from the stalls by Dreal Deal and/or that the horse took a blow during the race.
The Committee finds that this charge has been proved.
Alleged breaches of the Rules by Mr. E. P. O’Brien
CHARGE 20
Rule 212(A)(i). It alleged that Mr. O’Brien, as rider, deliberately prevented Dreal Deal from running other than on its merits at Navan on 3 July, 2020, in that Mr. O’Brien deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.
The Committee is satisfied that this charge has been proved.
CHARGE 21
Rule 212(A)(ii). It is alleged that Mr. O’Brien, as rider, caused Dreal Deal at Navan on 3 July, 2020 to be ridden in such a way that the horse could not be seen to have been the subject of a genuine attempt to obtain from the horse a timely, real and substantial effort to achieve the best possible placing.
The Committee finds that this charge has been proved.
CHARGE 22
Rule 212(A)(iii). It is alleged that Mr. O’Brien, as rider of Dreal Deal at Navan on 3 July, 2020 schooled the horse in public.
The Committee finds this charge has been proved.
CHARGE 23
Rule213(iv). It is alleged that Mr. O’Brien failed to make a report under Rule 213 at Navan on 3 July, 2020 about the slow start from the stalls by Dreal Deal.
The Committee finds that this charge has been proved.
Alleged breaches of the Rules by Mr. Mark Enright.
CHARGE 24
Rule 212(A)(i). It is alleged that Mr. Enright, as rider, deliberately prevented Dreal Deal from running other than on its merits at the Curragh on 10 July, 2020, in that Mr. Enright deliberately prevented the horse from exiting the stalls in a timely manner, thereby causing the horse to run off the pace of that race.
The Committee finds that this charge has not been proved.
CHARGE 25
Rule212(A)(ii). It is alleged that Mr. Enright, as rider, caused Dreal Deal at the Curragh on 10 July, 2020, to be ridden in such a way that the horse could not be seen to have been the subject of a genuine attempt to obtain from the horse a timely, real and substantial effort to achieve the best possible placing.
The Committee finds that this charge has not been proved.
CHARGE 26
Rule 212(A)(iii). It is alleged that Mr. Enright, as rider of Dreal Deal at the Curragh on 10 July, 2020 schooled the horse in public.
The Committee finds that this charge has not been proved.
CHARGE 27
Rule 213(iv). It is alleged that Mr. Enright failed to make a report under Rule 213 about the slow start form the stalls by Dreal Deal at the Curragh on 10 July, 2020.
The Committee is satisfied that this charge has been prove and has been admitted by Mr. Enright.
Allege breaches of the Rules by Mr. Ciarán Fennessy.
CHARGE 28
Rule 272. It is alleged that Mr. Ciarán Fennessy’s conduct was prejudicial to the integrity, proper conduct of and good reputation of horseracing in that he passed on inside information regarding the condition of horses to third parties.
The Committee is satisfied that this charge has been proved.
CHARGE 29
Rule 273(viii). It is alleged that Mr. Ciarán Fennessy conspired with Mr. McNally and/or Mr. Liam Fennessy and/or Mr. Aaron Fennessy and/or others to engage in a corrupt and fraudulent practice in relation to the passing of inside information for betting purposes and/or concealing the true ability of horses so as to obtain handicap marks not reflective or their ability.
The Committee is satisfied that this charge has been proved.
CHARGE 30
Rule 273(xiii). It is alleged that Mr. Ciarán Fennessy, through the following conduct as a licensed handler, caused serious damage to the interests of horseracing in Ireland:
Passed inside information about the condition and wellbeing of Dreal Deal to allow others to profit from betting on the horse with a betting organisation.
Showed disregard for the Rules of Racing in that, having knowledge of intended breaches of Rule 212A by another licensed trainer, he passed this information to third parties.
The Committee is satisfied that both the matters contained in 1 and 2 above were established on the evidence and finds this charge has been proved.
The remaining Charges (31-40) relate to Mr. Liam Fennessy and Mr. Aaron Fennessy. Neither of these parties gave evidence and Mr. Aaron Fennessy was not in attendance on any of the hearing days. The Committee has doubts that either of these men are subject to the jurisdiction of The Board as there is no evidence that they are “involved in horseracing” as understood by the Rules. Furthermore, this issue was not argued before the Committee so a decision on the point can be left to another occasion. The allegations imply that they were receivers of information. In the circumstances the Committee does not propose to make any findings on charges 31-40.
Decision on Sanctions
Following the findings of the Committee in respect of the breaches of Rules alleged against the respondents, a hearing on sanctions took place at the Offices of the Irish Horseracing Regulatory Board on the 13 January, 2023 at which written and/or oral submissions were made on behalf of the Respondents. In reaching its conclusions on appropriate sanctions the Committee has taken into account the submissions made on behalf of the parties and the principle of proportionality, which it has applied in each individual case. The Committee directs that the following sanctions shall apply:
Ronan McNally.
The Committee regards the findings against Mr. McNally as very serious. His offences strike at the integrity of the sport and the objective of having a level playing field for all who send horses out to race. They also involved a deception of the public, especially the betting public. The Committee has taken into account the submissions made on his behalf and his past record and the effect that severe sanctions will have on him.
Mr. McNally is declared a Disqualified Person under the Rules for a period of 12 years.
As a result of the findings against Mr. McNally and, in particular, breach of Rule 212, Dreal Deal shall be disqualified from the race at Navan on 19 September, 2020 and Limerick on 10 October, 2020 and The Jam Man shall be disqualified from the race at Limerick on 11 September, 2020 pursuant to Rule 275(i) and, in the case of both horses, the prize money forfeited.
Mr. McNally is to contribute €50,000 towards the costs of the IHRB related to this inquiry.
Mr. David Dunne.
As a consequence of breaching Rule 272, 272(ii) and 273(xiii), Mr. Dunne’s training licence shall be suspended for a period of 2 years, with the last 18 months suspended for a period of 2 years. He is fined €5,000. In respect of Charge 15 - breach of Rule 121(vii) - the Committee directs that any prize money won by All Class, Full Noise or Petrol Head [when under the auspices of Mr. Dunne] in any of the 36 races referred to in pages 9 and 10 of its report be forfeited and that they be disqualified from those races pursuant to Rule 275(i). The Committee makes no order as to costs in respect of Mr. Dunne.
Darragh O’Keeffe.
The Committee has considered Mr. O’Keeffe’s good record and the submissions made on his behalf. In respect of his breach of Rule 213(iv) the Committee directs that Mr. O’Keeffe should be cautioned as to his duty to report. The Committee makes no order as to costs in respect of Mr. O’Keeffe.
Eoin O’Brien.
In respect of breaches of Rule 212(A)(i), 212(A)(ii), 212(A)(iii), and 213(iv) the Committee directs that Mr. O’Brien be suspended for 21 race days. The Committee makes no order as to costs in respect of Mr. O’Brien.
Mark Enright.
The Committee has considered Mr. Enright’s good record and the submissions made on his behalf. In respect of his breach of Rule 213(iv) the Committee directs that Mr. Enright should be cautioned as to his duty to report. The Committee makes no order as to costs in respect of Mr. Enright.
Ciarán Fennessy.
For breach of Rule272, 273(viii), and 273(xiii), the Committee considers that, before taking mitigation factors into account, these offences would merit a suspension of 5 years. The Committee has been informed that Mr. Fennessy left school at a young age and that he is not qualified to do any work other than something involving horses. It accepts that the continued operation of his racehorse enterprise is totally dependent on him having a handler’s permit. Taking into account the serious nature of the findings against him and the matters offered in mitigation and taking a proportionate approach to sanction in his case, the Committee rules that Mr. Ciarán Fennessy shall be declared a disqualified person and have his licence suspended for a period of three years with the final two years suspended for a period of five years, and imposes a fine of €5,000 on him. The Committee makes no order as to costs in respect of Mr. Ciarán Fennessy.
Commencement of suspensions.
All suspensions referred to in this document are to commence from 1 March, 2023.
The case was presented by Mr. Louis Weston, Barrister and Ms. Caoimhe Daly, B.L. instructed by Ms. Clíodhna Guy, IHRB Head of Licensing, Legal and Compliance. The investigation was led by Mr. Christopher Gordon, IHRB Head of Security and Investigations. Mr. McNally was represented by Ms. Amy Hughes, B.L., instructed by Mr. Peter Boyle, Peter Boyle & Co. Solicitors, Smithfield, Dublin 7. Mr. Enright and Mr. O’Keeffe were represented by Mr. Frank Crean, B.L., instructed by Mr. Andrew Coonan, Coonan Cawley Solicitors, Naas, County Kildare.
At the sanctions hearing, Mr. McNally was accompanied by Mr. John Fitzgerald, Restricted Trainers Association, Mr. Eoin O’Brien was represented by Patrick Kennedy of Patrick J. O’Meara & Co. Solicitors, Thurles, County Tipperary, Mr. Ciarán Fennessy was represented by Mr. Denis Linehan of Denis A. Linehan & Co. Solicitors, Charleville, County Cork and Mr. Liam Fennessy and Aaron Fennessy were represented by Charles J. O’ Connor, Charles J. O’ Connor and Co. Solicitors, Newmarket, Co. Cork.
Findings in relation to Mr. Liam Fennessy and Mr. Aaron Fennessy will be dealt with in due course.
Suspension Dates for Mr. O’Brien: 2nd, 4th, 5th, 6th, 9th, 11th, 12th, 17th, 18th, 21st, 23rd, 26th, 30th, 31st March, 2nd, 6th, 8th, 9th, 10th, 14th and 16th April.
Amended Results following on from the findings now read as follows:
Navan 19th September 2020
30 Free Bet For New Customers Handicap Hurdle (Division 1)
1st Myladyrose
2nd Blue Markie
3rd The Great White
4th Piranto
5th Esthers Marvel
Limerick 10th October 2020
Munster National Tomorrow Handicap (Division 1)
1st Dashing Diamond
2nd Waterville Lady
3rd Liars Corner
4th A Place Apart
5th Faerie Laws
Limerick 11th September 2020
People’s Park Handicap
1st Poseidon
2nd Flindt
3rd Tara Dylan
4th Red Vermillion
5th War Eagle
Navan 27th March 2021
Navan Members Handicap (Division 1)
1st Crassus
2nd Djasek (FR)
3rd Indignation (FR)
4th Andratx
5th Nudge The Judge
Gowran Park 4th May 2021
Racing Again At Gowran Park Tomorrow Handicap
1st Stellify
2nd Believe Jack (FR)
3rd Mountain Fox
4th High Lake
5th Duchess Ravenwaves (GB)
Roscommon 11th May 2021
www.roscommonracecourse.ie Handicap
1st Vultan
2nd Persian Queen
3rd Weather Alert
4th Collaborating
5th Final Endeavour
Punchestown 30th May 2021
Ladbrokes Home Of The Odds Boost Handicap Hurdle (Division 1)
1st Esthers Marvel
2nd Northern Love
3rd Lily Light Foot
4th Samba Dancer (FR)
5th Boomtown Girl
Sligo 11th July 2021
Ballymote Handicap Hurdle
1st Citizen’s Army
2nd Deo Bellator
3rd Nuttorridge
4th Kayla’s Delight
5th Happie Days
*Amended results listed above are only those in which the disqualifications imposed impacted on prize money.
Table B as referenced above:
