Disciplinary Panel's penalties and reasons for penalties (Paul Gilligan)
Press Release
The following lays out the Disciplinary Panel’s penalties, and written reasons regarding their findings from a hearing involving trainer Paul Gilligan who is licenced by the Irish Turf Club.
The hearing took place on 21 and 22 March, and at the hearing Paul Gilligan was found in breach of Rule (A)74 and Rule (A)29.1 by virtue of the fact that he knew DUBAWI PHANTOM was not qualified to enter a race in Great Britain as it had participated at an unrecognised meeting in Ireland. He was informed that his penalty and reasons for penalty would follow in due course.
1. The Disciplinary Panel of the British Horseracing Authority ('BHA') met on 21 and 22 March 2016 to consider the case of DUBAWI PHANTOM and whether it should be disqualified under Rule (A)74, Ground 4 of the Rules of Racing from a race run in Great Britain as a result of previously running at an unrecognised meeting in Ireland (contrary to paragraph 13 of the Schedule (B)2). The Panel also considered the related issue of whether licensed trainer Mr Paul Gilligan has breached Rule (A)29.1 by virtue of the fact that he knew DUBAWI PHANTOM was not qualified to enter a race in Great Britain as it had participated at an unrecognised meeting in Ireland.
2. The Panel consisted of Matthew Lohn (Chair), Philip Curl and Diana Powles. The BHA was represented by Mr Tim Naylor instructed by Miss Danielle Sharkey. Mr Gilligan was present and was represented by Mr Michael Keane.
Background
3. The relevant events which formed the subject matter of this enquiry began in August 2013 when a gelding named AYRES ROCK ran in the Dingle Festival. It was, according to Mr Gilligan's version of events, later that year in November 2013 when a gelding, DUBAWI PHANTOM, was acquired by him from a man named Finbar Ryan. Mr Gilligan, told the BHA that he trained the gelding from 8 May 2014 to 1 March 2015. During that period it was entered and ran in races at Kilbeggan (twice), Sligo and Uttoxeter. The gelding was declared to run at the Galway festival in July 2014 but a Steward's Enquiry was held on 30 July 2014 in respect of allegations that DUBAWI PHANTOM and AYRES ROCK were the same horse. DUBAWI PHANTOM was withdrawn from the race at Galway pending further investigation.
4. The Steward's Inquiry at Galway heard evidence from an Irish Turf Club Veterinary Officer, Terry Smith, and Chris Gordon the Senior Turf Club Security Officer. They informed the Stewards of their belief that DUBAWI PHANTOM, the gelding declared at Galway had also run in the Kingdom Transport and Plant Hire Ltd and the Corney Cremins Trophy race at an unrecognised race meeting at Dingle on 10 August 2013 under the name AYRES ROCK.
5. AYRES ROCK had been ridden in the Dingle race by Mr Gilligan's twelve year old son, Liam Gilligan. It finished first out of twelve runners and was gazetted as being in the ownership of Mr Joe McNamara.
6. Mr Gordon was present at the races in Dingle and obtained photographs and video coverage of the event. On noticing AYRES ROCK, Mr Gordon made contemporaneous notes in his racecard about the appearance of the gelding. Mr Gordon was also present by the parade ring before the race at Dingle and heard the person (who it turned out was Mr McNamara) leading the horse ask Mr Gilligan if he had 'given instructions to the jockey yet?'.
7. Mr Smith gave evidence to the Stewards at Galway that in his opinion DUBAWI PHANTOM, the gelding he had just inspected at the Galway racecourse, was the same horse as shown in the photographs from Dingle where it had raced under the name of AYRES ROCK. The chestnut gelding had distinctive white markings on its head, forelimb, both hind limbs and on the right hind coronet.
8. Although Mr Gilligan denied that AYRES ROCK and DUBAWI PHANTOM were one and the same horse, the Stewards on the day decided to withdraw the horse from the race at Galway and referred the whole matter to the Referrals Committee of the Irish Turf Club for further investigation. They ordered DUBAWI PHANTOM's passport to be returned to the Registry office.
Uttoxeter
9. Prior to the Galway Festival, on 29 June 2014, DUBAWI PHANTOM was entered by Mr Gilligan and ran at Uttoxeter in the 'Bet 365 Handicap Hurdle Race'. The gelding was ridden by Richard Johnson and finished first out of nine runners. The prize money for the race was £9,384.
10. The BHA was notified of the findings of the Stewards at Galway by the Irish Turf Club. It commenced an investigation as to whether AYRES ROCK was indeed the same horse as DUBAWI PHANTOM and moreover whether Mr Gillian knew this was the case and therefore should not have entered DUBAWI PHANTOM in the race at Uttoxeter.
Evidence from Veterinary Surgeons.
11. Prior to the hearing before the Disciplinary Panel, the BHA Veterinary Officer, Nick Bowen was asked to compare the photographs and DVD coverage from Dingle and Uttoxeter. He concluded that 'the chestnut horse depicted in the DVD and photographs taken at Dingle on 10 August 2013 is the same horse as that depicted in the DVD and photographs taken at Uttoxeter on 29 June 2014.'
12. At the Disciplinary Panel hearing, the Panel heard evidence from Mr Bowen on behalf of the BHA and from Mr Philip McManus, a veterinary surgeon from County Galway called on behalf Mr Gilligan. Mr Bowen accepted that it would be very irregular to identify a horse from its markings but in the instant case the photographs from Uttoxeter and Dingle showed a chestnut horse with 'quite a lot of idiosyncratic markings'. When cross examined as to why he had not examined DUBAWI PHANTOM Mr Bowen explained that he had been instructed to examine the photographs and in any event there were not two horses for him to examine and compare; the whereabouts of AYRES ROCK was unknown.
13. Prior to giving evidence before the Disciplinary Panel hearing, the two veterinary surgeons had the opportunity to discuss the photographs. A number of differences of opinion were resolved and in most respects there was agreement regarding the markings shown in the photographs. It was accepted by both veterinary surgeons that there were a number of distinctive white marks on the pictures which as Mr McManus (on Mr Gilligan's behalf) accepted meant that 'these horses are indistinguishable on photographs at these racecourses due to the similarity of the markings. These horses are essentially almost completely identical in photos at this range'.
14. Unlike Mr Bowen, Mr McManus also clinically examined DUBAWI PHANTOM at Mr Gilligan's yard prior to the hearing. Notwithstanding the very distinctive markings evident in the photographs, Mr McManus considered that his clinical examination had allowed him to identify some subtle differences between DUBAWI PHANTOM and AYRES ROCK. He identified five features which he said set the two horses apart as between the photographs at Uttoxeter and Dingle. The features were as follows:
(i) The whorls at the top of the blaze were at a different angle in the two sets of pictures,
(ii) The gap between the blaze attaching to the flesh mark on the muzzle showed a small difference in length,
(iii) In the pictures of AYRES ROCK the teeth were consistent with the gelding being a four year old whereas DUBAWI PHANTOM was seven (Mr McManus explained that veterinary surgeons in Ireland were extremely experienced in ageing horses from their teeth up to the age of five or six),
(iv) The chestnut colour was distinctive as between the two geldings – AYRES ROCK being a light chestnut, and;
(v) The marking on the right fore-leg extended further caudally on AYRES ROCK
15. There was also the matter of height. The owners of AYRES ROCK said he was 15'1 whereas DUBAWI PHANTOM was 16 hands.
16. Mr Bowen disagreed with the age estimate based on the teeth. His view was that the pictures simply did not show with sufficient clarity the teeth of both horses and in any event ageing a horse on its dentition was difficult and unreliable. On the photographs available it seemed to him that there was a full set of incisor teeth which are normally only present once a horse is over five years old.
17. As to the colour differences, Mr Bowen felt that this could not be determinative since the processing of the pictures could easily have resulted in differing shades of chestnut and lastly any differences noted in the blaze length or, the formation of the caudal extension of the markings, were easily explained by the differences in a 'skinny summer' and 'healthy winter' coat.
Mr Gordon
18. Mr Gordon gave evidence to the Panel and confirmed the matter of his attendance at the Dingle Races and the Galway Stewards' Enquiry. He told the Panel that he had received confidential information from two sources prior to the Galway races which led him to believe that 'DUBAWI PHANTOM was the 'flapper' AYRES ROCK'.
19. In respect of the festival at Dingle, Mr Gordon acknowledged that he had spoken to Mr Gilligan before the race where AYRES ROCK had run. Mr Gordon was questioned regarding the interpretation of what was asked of Mr Gilligan when his son was on AYRES ROCK in the parade ring being led by Mr McNamara. Mr Gordon explained that Mr McNamara asked Mr Gilligan 'Did you give him his instructions?'. He believed this was a question to a trainer in respect of the instructions to be received by a jockey (in this case Mr Gilligan's son) before a race.
20. Mr Gordon told the Panel that he had made a note of the gelding's markings since this was a good looking horse with very distinctive markings and he was suspicious. He wanted to check to see if the horse was in training in a yard. Since the Pony Racing authority in Ireland will not share information with the Irish Turf Club it was not feasible to check microchip details or otherwise ask for details about an owner. After the race meeting he made a note of the details on his database, notified the BHA, and watched out for entries on the racecourse to see if anything corresponded with a horse of that description.
21. Mr Gordon acknowledged there had been a full Turf Club inspection of Mr Gilligan's premises on 9 August 2013 but explained that the focus of the inspection was to look at the horses in training not those who were going to be returned to training in due course. He accepted that nothing untoward was found at the inspection.
22. Finally Mr Gordon was asked about his understanding of the Tallow horse fair in County Waterford where it was alleged that Finbar Ryan had bought DUBAWI PHANTOM. Mr Gordon asserted that it was not the place one would generally find thoroughbreds for sale; the fair being a place where piebalds and ponies are bought and sold. He confirmed that he had enquired of Henry de Bromhead's head lad to confirm this view.
