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Transcription:

CONTROL COMMITTEE REPORT NAME Christopher Connolly Farneys Cross, Cappawhite, Co. Tipperary. Appeal against decision of the Board of Bord na gcon to refuse to grant Mr. Connolly a Kennelhand Authorisation. Mr. Connolly was represented in this matter by Mr. Cathal Gibbons, Solicitor, C.P. Crowley & Co., Solicitors. Bord na gcon was represented in this matter by Mr. Pat Herbert, Head of Regulation. The Control Committee was familiar with the published decisions from the Australian Regulators namely, The Racing Appeals And Disciplinary Board and the Victorian Civil And Administrative Tribunal relating to the live baiting incident, involving Mr. Connolly, in Australia. The Committee was conscious it was a very serious matter which received huge publicity and notoriety and Bord na gcon had a responsibility to ensure the integrity of the sport of Greyhound Racing in Ireland. There was uncontroverted evidence that Mr. Connolly pleaded guilty to three offences in Australia which were barbaric in nature and the Committee were of the view there should be no tolerance of such behaviour. The Committee took the view that the events relating to the live baiting incident in Australia were integral to the consideration of whether or not Mr. Connolly was a fit and proper person to hold a Kennelhand Authorisation in Ireland as defined in the Racing Regulations. The Committee accepted Mr. Connolly was involved in the Australian incident to a lesser extent than other participants who were treated more severely than Mr. Connolly by the Australian Greyhound Racing Regulators. The Committee also noted evidence from a number of character witnesses who appeared before the ~ 1 ~

Committee on Mr. Connolly s behalf. The Committee was also conscious of the fact the Australian incident would not have come to light had it not been for the media exposure generated. In the circumstances, the Committee felt the Board was entitled to make a decision to refuse Mr. Connolly a Kennelhand Authorisation which was also the view shared by the Control Committee. The Committee accepted the decision in Australia was not binding in this jurisdiction but felt because of the seriousness of the issue, the Board was entitled to take the view Mr. Connolly was not a fit and proper person to hold a Kennelhand Authorisation. The Committee noted the Board had a responsibility to protect the integrity of the Greyhound Industry in Ireland and on that basis the Control Committee s decision was that Mr. Connolly s application for a Kennelhand Authorisation was rightly refused by the Board. The Committee were not in a position to give a time as to when it might be appropriate to revisit Mr. Connolly s application. The Committee were conscious of the fact Mr. Connolly received a ten year disqualification in Australia, five of which were suspended subject to Mr. Connolly remaining of good behaviour and the Committee, could only suggest, Mr. Connolly consider his options thereafter. ~ 2 ~

OWNER Edward Hackett Cahanagh Cross, Longford. The greyhound Dirt Bird Boy was presented for racing at Shelbourne Park Greyhound Stadium on the 30 th of January, 2016. A urine sample obtained from the analytical finding for the prohibited substance Ibuprofen. Mr. Edward Hackett was not in attendance. The Committee noted this matter was adjourned on a previous occasion at the request of Mr. Hackett and decided to proceed with the matter. evidence tendered on this matter was satisfied the case presented by Bord na gcon was proven. The Committee noted that the substance Ibuprofen is a medication licenced for human use and should not have been present in the greyhounds system when presented for racing. The Committee also noted Mr. Hackett s limited co-operation in this matter and taking into consideration the level of Ibuprofen detected in the sample the Control Committee decided to impose a fine of 300 on Mr. Hackett. Prize money of 60 won by the greyhound Dirt Bird Boy in the event in question is forfeited. OWNER Paul Hogan Ballycahill, Nenagh, Co. Tipperary. The greyhound Five Alley Eoin was presented for racing at Clonmel Greyhound Stadium on the 17 th of February, 2017. A urine sample obtained from the analytical finding for the prohibited substance Mefenamic Acid. Mr. Paul Hogan appeared before the Control Committee. ~ 3 ~

evidence tendered on this matter, was satisfied the substance Mefenamic Acid was found to be present in the urine sample obtained from the greyhound Five Alley Eoin on the date in question. The Committee noted Mr. Hogan s evidence that the greyhound was being treated at the time for a shoulder injury and Mr. Hogan had stated the greyhound was administered Carprieve medication prescribed by a Veterinary Surgeon. However, the substance detected (Mefenamic Acid) was a human medication which could not be attributed to the administration of Carprieve. The Control Committee noted the substance Mefenamic Acid was a human pain relief medication which should not have been detected in the urine sample obtained from the greyhound Five Alley Eoin when presented for racing at Clonmel Greyhound Stadium on the date in question. In the circumstances, the Control Committee imposed a fine of 200 on Mr. Hogan and prize money of 60 won by the greyhound Five Alley Eoin in the event in question is forfeited. TRAINER John Kavanagh Inglewood, Enniscorthy, Co. Wexford. The greyhound Tintern Hero was presented for racing at Enniscorthy Greyhound Stadium on the 6 th of March, 2017. A urine sample obtained from the greyhound on the date in question returned an adverse analytical finding for the prohibited substance Quinine. Mr. John Kavanagh was not in attendance. The Committee noted Mr. Kavanagh had advised the Control Steward, he was unable to attend the meeting and requested the Committee to proceed with the matter in his absence. ~ 4 ~

evidence tendered was satisfied the case presented by Bord na gcon was proven. The Committee noted the significant level of co-operation received from Mr. Kavanagh in the process. However, the substance Quinine should not have been present in the greyhound s system when presented for racing. The Control Committee imposed a fine of 200 on Mr. Kavanagh and prize money of 50 won by the greyhound Tintern Hero in the event in question is forfeited. HANDLER Damien Kennedy 22 Radharc Na Mhara, Coolcotts, Co. Wexford. The greyhound Jen Jen Sky was presented for racing at Waterford Greyhound Stadium on the 5 th of November, 2016. A urine sample obtained from the greyhound on the date in question returned an adverse analytical finding for the prohibited substance Meloxicam. Mr. Damien Kennedy did not appear before the Committee. The nature of the substance Meloxciam was noted by the Control Committee and a fine of 100 was imposed on Mr. Kennedy. Prize money of 190 won by the greyhound Jen Jen Sky in the event in question is forfeited. OWNER John Keegan Ballyroan, Portlaoise, Co. Laois. The greyhound Rappa Jazzer was presented for racing at Kilkenny Greyhound Stadium on the 16 th of September, 2016. A urine sample obtained from the greyhound on the date in question returned an adverse analytical finding for the prohibited substances Psi-Ephedrine and Ibuprofen. Mr. John Keegan did not appear before the Control Committee. ~ 5 ~

evidence tendered on this matter, was satisfied the substances Psi-Ephedrine and Ibuprofen were found to be present in the urine sample obtained from the greyhound Rappa Jazzer on the date in question. The Committee noted Mr. Keegan admitted, in an interview with Mr. Denis Lee, Stipendiary Steward that he had charge of the greyhound on the night in question and because the greyhound was suffering from a wrist injury he administered two Nurofen tablets to the greyhound Rappa Jazzer prior to arrival at the track. The Committee noted Mr. Keegan co-operated with the process. However, the substances detected should not have been present in the greyhounds system when present for racing. The Control Committee imposed a fine of 500 on Mr. Keegan and prize money of 110 won by the greyhound Rappa Jazzer in the event in question is forfeited. TRAINER Martin (Murt) Leahy Kilmacar, Conahy, Ballyragget, Co. Kilkenny. The greyhound Ballybough Lee was presented for racing at Shelbourne Park Greyhound Stadium on the 16 th of April, 2016. A urine sample obtained from the analytical finding for the prohibited substance Caffeine. Mr. Martin Leahy was not in attendance. The Committee noted Mr. Leahy had advised the Secretary he was unable to attend the meeting. Mr Leahy had further advised he was not contesting the sampling process or the laboratory analysis and he was satisfied to have this matter dealt with in his absence. ~ 6 ~

evidence tendered on this matter was satisfied the case presented by Bord na gcon was proven. The Committee noted Mr. Leahy had no issues with the sampling process or with the laboratory analysis and also that he co-operated fully in the process. The Committee also noted Mr. Leahy had attributed the adverse analytical finding to a tonic he had administered to the greyhound at the time. However, the substance Caffeine should not have been present in the greyhound s system when presented for racing. Taking into consideration the reported level of Caffeine detected, the Control Committee imposed a fine of 200 on Mr. Leahy. TRAINER Martin (Murt) Leahy Kilmacar, Conahy, Ballyragget, Co. Kilkenny. The greyhound Ballybough Mondo was presented for racing at Shelbourne Park Greyhound Stadium on the 21 st of July, 2016. A urine sample obtained from the analytical finding for the prohibited substance Caffeine. Mr. Martin Leahy was not in attendance. The Committee noted Mr. Leahy had advised the Secretary he was unable to attend the meeting. Mr. Leahy had further advised he was not contesting the sampling process or the laboratory analysis and he was satisfied to have this matter dealt with in his absence. evidence tendered on this matter was satisfied the case presented by Bord na gcon was proven. The Committee noted Mr. Leahy had no issues with the sampling process or with the laboratory analysis and also that he co-operated fully in the process. The Committee also noted Mr. Leahy had attributed the adverse analytical finding to a tonic he had administered to the greyhound at the time. However, the substance Caffeine should not have been present in the greyhound s system when presented for racing. Taking ~ 7 ~

into consideration the reported level of Caffeine detected, the Control Committee imposed a fine of 200 on Mr. Leahy. Prize money of 102 won by the greyhound Ballybough Mondo in the event in question is forfeited. TRAINER Donal Murphy Castletown Cross, Carlow. The greyhound Badminton Fairy was presented for racing at Newbridge Greyhound Stadium on the 28 th of October, 2016. A urine sample obtained from the analytical finding for the prohibited substance Caffeine. Mr. Donal Murphy appeared before the Control Committee. Mr. Murphy was accompanied by Dr. David McGrath, registered owner of the greyhound Badminton Fairy. The Committee considered all of the evidence tendered on this matter and noted the considerable level of cooperation received from Mr. Murphy and Dr. McGrath from the outset. The Committee further noted there were no issues with the sampling process and the Committee fully accepted all of the evidence presented; specifically the evidence given by Dr. Healy from the National Greyhound Laboratory that the level of Caffeine detected was marginal in respect of the permitted threshold of 4 µg/ml. In the circumstances the Control Committee did not make any finding in relation to this matter. ~ 8 ~

OWNERS Niamh McKenna & Ally O Connor Ballinclogher, Lixnaw, Co. Kerry & Hearthill, Ballyduff. Co. Kerry. The greyhound Pennylane Lucky was presented for racing at Clonmel Greyhound Stadium on the 29 th of January, 2017. A urine sample obtained from the analytical finding for the prohibited substance Caffeine. Ms. Niamh McKenna and Mr. Ally O Connor were not in attendance. The Committee noted correspondence received from Ms. McKenna and Mr. O Connor in which they offered an explanation that the greyhound was given tea on the day in question, they also advised they would not be attending the meeting. The Committee decided to proceed with this matter in their absence. evidence tendered was satisfied the case presented by Bord na gcon was proven. The Committee noted the level of Caffeine detected was more than double the permitted threshold of 4 µg/ml and in the circumstances the Control Committee imposed a fine of 300 on the registered owners and the prize money of 220 won by the greyhound Pennylane Lucky in the event in question is forfeited. ~ 9 ~

OWNERS Gerard O Neill & Regina Donnelly 8 Henry Street, Galway. The greyhound Nemos Mia was presented for racing at Clonmel Greyhound Stadium on the 2 nd of October, 2016. A urine sample obtained from the greyhound on the date in question returned an adverse analytical finding for the prohibited substance Caffeine. Mr. Gerard O Neill and Ms. Regina Donnelly were not in attendance. The Committee noted the content of correspondence received from Mr. Gerard O Neill. Taking into consideration this matter had previously been adjourned at the request of Mr. O Neill, the Committee decided to proceed with this matter. evidence tendered was satisfied the case presented by Bord na gcon was proven. The limited co-operation received from Mr. O Neill and Ms. Donnelly was noted and taking into consideration the level of Caffeine detected in the sample, the Control Committee imposed a fine of 250 on the registered owners. Prize money of 92 won by the greyhound Nemos Mia in the event in question is forfeited. August, 2017 ~ 10 ~