The Referrals Committee, Sean Barry (in the Chair), Laurence McFerran and Mrs. J.O. Onions, met at the Turf Club, The Curragh, Co. Kildare, on Wednesday, 2nd March, 2016, to consider whether or not Shane Ryder (Restricted Trainer) was in breach of the Rules of Racing as a result of a random stable inspection carried out at his Training Establishment on 11th November, 2015, by Turf Club officials, Michael O’Donoghue and Nicola O’Connor, MVB.

At the inspection certain anomalies arose including:-

(i) Two horses returned in training were not present at the training establishment, namely Comme Je Trouve and Hi Ho.  As a consequence these two horses should have been returned out of training.

(ii) Failure to notify the offices of the Governing Bodies that Patrick Carroll, stable employee, had left his employment.

(iii) The medicines storage unit was unsecure.

(iv) Two unnamed animals stabled at the training establishment had been administered phenylbutazone and this was not recorded within the passports as required under Regulation R8.

The matter was referred to the Referrals Committee by Josh Byrne, Registrar of the Irish National Hunt Steeplechase Committee.

Evidence was heard from Michael O’Donoghue, Nicola O’Connor, M.V.B., and Shane Ryder.  The Committee also considered the officials written report.

Mr. O’Donoghue reported that Comme Je Trouve and Hi Ho listed as being in training were not present at the inspection.  Mr. Ryder when questioned on the day had assumed that both horses were returned out of training and suggested that a failed internet connection in his residence may have been a contributory factor in this matter.  Mr. Ryder occasionally relied upon a neighbour to carry out online transactions on his behalf but in this instance had obviously failed to do so.  In relation to Patrick Carroll, stable employee, he reported that he was no longer in Mr. Ryder’s full time employment.

Nicola O Connor reported that two unnamed animals present were administered phenylbutazone by Mr. Ryder and this was recorded in the medicines register.  On inspection of both passports the administration was not recorded which contravened the requirements within Regulation R8 that passports must be stamped “unfit for human consumption” to alert all individuals.  With regard to the medicines storage unit she reported that this should be located in a more secure area.

In his evidence Shane Ryder accepted that the onus of responsibility rests with him to ensure that he complied with the Rules of Racing and agreed with the evidence presented by Michael O’Donoghue and Nicola O’Connor.  He had since rectified the technical difficulty with his internet provider and noted that a new system was installed in HRI to allow trainers and clients to conduct their business on mobile devices.  He reported that Patrick Carroll was available to him when he was required on various race days.  He had since acquired a new medicines storage unit and reiterated there were no medicines on site on the day of inspection.  He explained to the Committee that he had obtained phenylbutazone from his veterinary surgeon and administered it to the two unnamed animals.  The passports were stamped by his veterinary surgeon on the day following the inspection, and this was verified in a letter tabled at the referral hearing.

Having considered the evidence the Referrals Committee found that Shane Ryder was in breach of Rule 148 (vi) and fined him €130 for each of the two individual breaches of failing to return the two horses out of training.  In relation to Rule 148 (iii) the Committee noted that Mr. Ryder had immediately addressed the issue of the medicines storage unit and did not impose a sanction.  In relation to Regulation R8 sub-section 8 the Committee noted that Mr. Ryder had administered phenylbutazone to the two unnamed animals in his establishment and accepted the explanation that his veterinary surgeon had since recorded the administration of medication in both passports.

The Committee, in accordance with Rule 267, ordered Mr. Ryder to contribute €240 towards costs.

The case was presented to the Committee by Paul Murtagh, Stipendiary Steward.