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19 Feb 14
11:10
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Jockey and trainer bid to stop Turf Club finding against them
Wednesday, February 19, 2014
Jockey Eddie O’Connell and trainer Jim Lambe’s bid to stop the Turf Club from making any adverse findings against them in respect of allegations they were involved in irregular betting has opened before the High Court.
By Ann O’Loughlin
The action follows an investigation conducted by the Turf Club into alleged betting irregularities arising from the running of a horse called Yachvili in the Kerry Foods European Breeders Funds Beginners Chase at Downpatrick on September 21, 2011.
On that occasion, Yachvili was ridden by Mr O’Connell, of Harbour View, Monasterevin, Co Kildare, and trained by Mr Lambe, of Brookland Stables, Red Lion Rd, Kilmore, Co Armagh. Both deny any allegations of wrongdoing.
Arising out of the investigation, they have brought a High Court action aimed at rendering any decision the Turf Club makes in respect of the allegations null and void.
It is regarded as an important test case concerning how the rules and regulations of horse racing are enforced in Ireland.
The applicants are seeking declarations including that the Irish Turf Club’s rules of racing were made without jurisdiction and not in accordance with the law.
They further seek declarations that sections of the Irish Horse Racing Industry Act 1994, the legislation which made the Turf Club the official statutory body response for flat racing, are unconstitutional.
The investigation commenced after the online betting exchange Betfair made a complaint to the Turf Club. Betfair said two UK-based individuals had placed a lay bet of £10,000 on Yachvili not to finish in the top three.
The bet was successful and Betfair paid out. Betfair claimed that records revealed the amount gambled was much greater than the individuals in question had ever gambled before.
Mr O’Connell, Mr Lambe, and others including horse owner Robert Martin, were investigated by the Turf Club to determine if the rules of racing were breached in that race.
Mr O’Connell and Mr Lambe, represented by Feichin McDonagh, claim the Turf Club has given itself, without justification, far-reaching powers for regulation of the horse-racing industry.
Mr McDonagh said the Turf Club’s jurisdiction to impose sanctions could not be found in the legislation which made it the official statutory body responsible for the regulation of flat racing in Ireland.
The court heard the allegations against the pair are significant. Any decision taken by the Turf Club could end their careers as well as affect their “good names”. Under the rules of racing, the Turf Club can impose sanctions such as a fine, suspension, or a lifetime ban from racing.
Yesterday, the court heard that a Turf Club investigation had concluded and it had made a decision. However, that decision has not been made public.
The Turf Club denies the claims. It also argues both men are bound by the rules of racing and must accept any sanction imposed on them should they be found to have breached the rules. The rules which the two men seek to challenge, the Turf Club adds, are an inherent and integral part of the proper regulation of horse racing in Ireland.
The Attorney General, who is a notice party to the action, has also opposed Mr Lambe and Mr O’Connell’s action.
The case continues.
© Irish Examiner Ltd. All rights reserved
Wednesday, February 19, 2014
Jockey Eddie O’Connell and trainer Jim Lambe’s bid to stop the Turf Club from making any adverse findings against them in respect of allegations they were involved in irregular betting has opened before the High Court.
By Ann O’Loughlin
The action follows an investigation conducted by the Turf Club into alleged betting irregularities arising from the running of a horse called Yachvili in the Kerry Foods European Breeders Funds Beginners Chase at Downpatrick on September 21, 2011.
On that occasion, Yachvili was ridden by Mr O’Connell, of Harbour View, Monasterevin, Co Kildare, and trained by Mr Lambe, of Brookland Stables, Red Lion Rd, Kilmore, Co Armagh. Both deny any allegations of wrongdoing.
Arising out of the investigation, they have brought a High Court action aimed at rendering any decision the Turf Club makes in respect of the allegations null and void.
It is regarded as an important test case concerning how the rules and regulations of horse racing are enforced in Ireland.
The applicants are seeking declarations including that the Irish Turf Club’s rules of racing were made without jurisdiction and not in accordance with the law.
They further seek declarations that sections of the Irish Horse Racing Industry Act 1994, the legislation which made the Turf Club the official statutory body response for flat racing, are unconstitutional.
The investigation commenced after the online betting exchange Betfair made a complaint to the Turf Club. Betfair said two UK-based individuals had placed a lay bet of £10,000 on Yachvili not to finish in the top three.
The bet was successful and Betfair paid out. Betfair claimed that records revealed the amount gambled was much greater than the individuals in question had ever gambled before.
Mr O’Connell, Mr Lambe, and others including horse owner Robert Martin, were investigated by the Turf Club to determine if the rules of racing were breached in that race.
Mr O’Connell and Mr Lambe, represented by Feichin McDonagh, claim the Turf Club has given itself, without justification, far-reaching powers for regulation of the horse-racing industry.
Mr McDonagh said the Turf Club’s jurisdiction to impose sanctions could not be found in the legislation which made it the official statutory body responsible for the regulation of flat racing in Ireland.
The court heard the allegations against the pair are significant. Any decision taken by the Turf Club could end their careers as well as affect their “good names”. Under the rules of racing, the Turf Club can impose sanctions such as a fine, suspension, or a lifetime ban from racing.
Yesterday, the court heard that a Turf Club investigation had concluded and it had made a decision. However, that decision has not been made public.
The Turf Club denies the claims. It also argues both men are bound by the rules of racing and must accept any sanction imposed on them should they be found to have breached the rules. The rules which the two men seek to challenge, the Turf Club adds, are an inherent and integral part of the proper regulation of horse racing in Ireland.
The Attorney General, who is a notice party to the action, has also opposed Mr Lambe and Mr O’Connell’s action.
The case continues.
© Irish Examiner Ltd. All rights reserved
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Replies: 16
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Could be an interesting case . Wonder will they name names , viz who laid the horse ? Proving connectivity can often be difficult , apart from the basic difficulty of assessing the effort put in by horse and jockey . Horses dont have rev counters and heart monitors attached .
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I think this case could undermine the punters belief , (already at breaking point ) that racing is clean if successful ..It seems they are determined to have the Turf Club made redundant ..That begs the question , who will govern racing if they win their case ...
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Once this case is done and dusted its almost certain who was laying the horse will be in the public domain, no Judge should even entertain these guys and should blow them out of the courthouse.
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" The bet was successful and betfair paid out" did they? so they reimbursed whoever was on the wrong side of the lay? . I won,t hold me breath for that one.
Wonder how often this laying is on the cross channel AW racing,even with lesser sums and more accounts i,d hazard a guess its very frequent and is almost unpoliceable. |
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Its only the very greedy who get caught in this case two huge lays set alarm bells ringing.
Funny the horse was trailing throughout before been pulled up, came out 7 days later and lead from the 2nd to finish r/up. |
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The Turf Club is finished if Lambe & O'Connell win this case
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Ban these SCUM BAGS for LIFE
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Scumbags? Easy to shout from the sidelines,I find it hard to believe that forumites on here wouldn't dream of taking soft money via third party accounts if they were in a similar position?
Hypothetical Scenario How many on here wouldn't take action if they were told by a source that they trusted implicitly of a short priced dead one?? |
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These two are certainties to lose,even the Attorney General is against them.
The unscrupulous DJ876 would have no problem with what is in effect stealing and its fairly typical of this character as all he wants is risk free gambling. |
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Feichin McDonagh
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It could be a bad week for racing with this case,the Bookmakers winning their case with Dundalk,and PF case today.
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I wonder would DJ876 go all in on his dead one,probably not, bankroll management Gruss telephone numbers and dart finishes would be swirling around his head,more than likely he would green out for some tiny profit forgetting it was Holyhead.
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wildman did u ever hear about one that maybe wasnt dead but there was a problem not widely know by the public?..course you did and acted accordingly.come down off your high horse.
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What are Gruss telephone numbers?
Forgive me Sister Borneo for I have sinned and seek absolution.I never lay without an automatic offset and at least 5 seconds. Apparently there is no such thing as a dead one in the traditional sense:the midget on top has been known to screw over connections even if it effectively ends his career. |
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That doesn't apply in this case,if it were so are risk averse gun shy friend wouldn't play.
Dj876 when risk comes into things your mind frazzles that's why telephone numbers and dart finishes cause you such confusion. |
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Lambe already exonerated by Turf Club.
Has tried to withdraw from this case but his backer a fellow trainer with form in this regard has forced him to carry on. |