'Inexcusable behaviour' - Charles Byrnes loses six-month ban appeal

Charles Byrnes has failed in his appeal against the six-month ban imposed by the Irish Horseracing Regulatory Board referrals panel for negligence following the nobbling of Viking Hoard at Tramore in October 2018, with the appeal's body describing his behaviour as "inexcusable".

The County Limerick trainer's licence will be suspended for six months, with the sanction coming into effect in a fortnight's time.

Byrnes' appeal was heard via Zoom over two hours on February 9 by a panel chaired by Justice Nial Fennelly and including Justice Leonie Reynolds and John Powell, with the verdict emerging nine days later. The appeal verdict was published in a 25-page document outlining the panel's findings and Byrnes' argument that he was not negligent in leaving Viking Hoard unattended at Tramore on two occasions.

The report stated: "Given Mr Byrnes’ explicit acceptance of his knowledge of his duty, his behaviour was inexcusable. He simply made no attempt to ensure that the horse was attended, in particular while he and his son went for lunch.

"It would have been perfectly simple for one to attend the horse while the other had lunch. Mr Byrnes cannot have been unaware of what the [IHRB] rule says is the 'obvious risk'."

In appealing against the severity of the initial penalty imposed, Byrnes' counsel said that the loss of Byrnes' training licence would be "ruinous for him", that his employees would have to be released and that the horses would have to be sent elsewhere.

Describing its reasoning for upholding and not increasing the six-month sanction, which will begin on March 4, the appeals body noted the case has been "a source of considerable stress for Mr Byrnes for a protracted period of time".

It added: "That factor, undoubtedly contributed to by pandemic-related difficulties, is of itself punitive in nature. The appeals body does, however, take this opportunity to stress that such a lenient view might not be taken in the future."

Viking Hoard's urine sample showed he was 100 times over the international screening level for ACP when he ran in a handicap hurdle on October 18, 2018. He performed lethargically before being pulled up by Kevin Brouder before the seventh hurdle.

One wager on the Tramore race had a liability of €34,889 to win €3,200 on the defeat of Viking Hoard, who drifted from 4-1 to a starting price of 8-1. No evidence was found linking Byrnes to these bets, nor to either of two other significant lay bets on the same horse when he ran at Sedgefield and Galway earlier.

At Sedgefield, Viking Hoard drifted from 3-1 to 10-1 before the off with €30,279 risked against €12,000, while at Galway Viking Hoard also drifted from 4-1 out to a starting price of 8-1. The risk was €55,000 against a return of €12,000.

Viking Hoard: was found to have been administered a sedative before Tramore runCredit: Alain Barr (racingpost.com/photos)

All the bets referenced in the IHRB's 14-page report were traded on Betfair, but were initially placed with a limited liability company, which placed them in turn with Betfair.

The use of an intermediary third party, or a white label company, formed a pivotal part of the investigation, with the three-person referrals committee, which was chaired by Justice Tony Hunt, expressing its surprise that such a mechanism existed, noting "that it could hinder identification of the possible beneficiaries of lay betting".

The IHRB's deputy security chief Declan Buckley identified an individual "in a distant part of the world" known to be associated with the account in question and who was said to be associated with match fixing in connection with other sports.

No link was established to Byrnes, while the IHRB could not prove if anyone other than Byrnes and his son Cathal had accessed Viking Hoard's stable at Tramore due to the absence of CCTV cameras in the stable yard.

In its reasoning for the appeal, Byrnes' counsel challenged the previous conclusions that he had been seriously negligent in leaving the horse unattended and that his mode of operation facilitated the interference by an unknown third party with the horse.

The trainer stated in his evidence: "I know the rule says that all horses are supposed to be attended at all times at the races. I know what the rule says. But I think the reality is that every horse in the yard is left unattended for small periods.

"And I think Mr Buckley – and Mr [Dominic] O’Meara [IHRB security official] are agreed – agreed with me at the meeting I had with them in the Woodlands when I brought that up to them, they both agreed that that was the case.”

However, the panel did not accept this suggestion that the obligation enshrined in regulation 9, which refers to the security of horses in racecourse stable yards, should be considered in a less strict way than is suggested by its wording.

The panel said Byrnes could have attended the horse while his son Cathal, who was not called for evidence, went to deliver rugs to a member of staff at Tramore, or when the pair were having lunch.

"Thus, it is accepted that the horse was left unattended for two periods, estimated by Mr Byrnes to have added up to a total of between 20 and 25 minutes. No steps were taken to ensure that the horse was attended during these periods."

The appeals body did not accept Byrnes' argument that there was an established custom and practice whereby horses are left unattended for what he called "small periods".

It added: "Regulation 9 speaks of taking 'the necessary steps to ensure that horses are under the supervision of reliable staff at all times.' That simply did not take place at Tramore.

"Mr Byrnes’ own evidence directly contradicts his contention. He accompanied his son Cathal to lunch thus ensuring that the horse was left unattended. If Cathal Byrnes had attended the horse while his father went for lunch, no issue would have arisen."

On top of the €1,000 fine originally levied on Byrnes, costs of €1,500 must also now be paid by the trainer to the IHRB, with his appeal deposit of €500 also forfeited.

How it unfolded: timeline of the Viking Hoard case

30 July 2018

• Viking Hoard is pulled up as 11-2 favourite at the Galway festival after drifting from a morning price of 4-1.
• The first of three lay bets on Viking Hoard over a four-month period is placed, with €55,000 staked on the horse to lose in order to return €12,000 through the Betfair Exchange.
• The IHRB finds the bets had been placed with a limited liability company, with the same account number linked to an individual "distant part of the world" said to be "associated with match fixing and associated betting in connection with other sports".
• There is no evidence to connect Charles Byrnes with the bets.

2 October 2018

• Viking Hoard finishes fourth at Sedgefield after drifting from 3-1 that morning to 10-1, with a lay bet of €30,279 was placed against a return of €12,000.
• Another runner from the Byrnes stable at same meeting is successfully laid against a substantial risk on the exchanges when it pulled up after the saddle slipped.

18 October 2018

• Charles Byrnes arrives at the course with his son Cathal and Viking Hoard about two hours before the race.
• The gelding is left unattended in the stable yard on two occasions prior to the race for a total of 20-25 minutes, once when Cathal left the gelding to look for a rug and secondly was when the pair went for something to eat.
• Viking Hoard opens at morning price of 4-1 before drifting to 8-1, with a lay bet of €34,889 placed against a €3,200 return.
• Viking Hoard runs "conspicuously badly" before being examined by the IHRB veterinary officer, who views the gelding as post-race normal before advising Cathal Byrnes of the horse's slow heart rate. Samples are taken for analysis.

31 October 2018

• LGC Laboratory notifies the IHRB that Viking Hoard's sample contains 100 times the applicable International Screening Limit for acepromazine (ACP) in his system - described as a "dangerous degree of sedation".

5 December 2018

• B sample testing at LCH Laboratory France confirms the finding.

7 January 2021

• The IHRB's lengthy investigation results in a hearing with Charles Byrnes.
• The referrals committee approaches the case on the "interpretation of the evidence that was reasonably open and most favourable" to the trainer, that being that Viking Hoard was "nobbled" by an unidentified third party at a time when left unaccompanied.
• The referrals committee concludes that Byrnes was "seriously negligent" in the supervision of Viking Hoard at Tramore, suspending his licence for six months and fining him €1,000.

19 January 2021

• Details of the case are published in a lengthy report from the IHRB.
• Charles Byrnes declines to comment but states he will appeal the sanction. He can continue to have runners while the appeals process is ongoing.

7 February 2021

• Charles Byrnes has a winner at the Dublin Racing Festival and breaks his silence on the case, revealing the upset caused by the case while remaining adamant he was not negligent.

9 February 2021

• The appeal heard in an almost two-hour long Zoom meeting.
• No verdict emerges in the immediate aftermath.

18 February 2021

• Appeals panel reveals that Charles Byrnes' appeal against the severity of his sanction has been dismissed. His six-month suspension is upheld, along with the €1,000 fine, while he is ordered to pay €1,500 in IHRB costs and his €500 deposit is also forfeited.

Read more:

Byrnes suspension should serve as 'wake-up call' to trainers says IHRB chief

Acceptable rather than satisfactory outcome because whodunnit remains a mystery

Read the explosive evidence from the investigation into the Charles Byrnes case

Charles Byrnes given six-month ban after runner is 'nobbled' with sedative

Members' Club: 'white label' customers no longer able to place lay bets on Betfair exchange

Members' Club: BHA reveals Viking Hoard tested negative at Sedgefield 16 days before Tramore run

Members' Club: Comment – a disturbing case that leaves many vital questions unanswered

'It's the number one problem in Irish racing' – Bolger demands more drug testing

Not fair: Charles Byrnes unhappy at treatment by BHA over British runners

Byrnes: bumper gambles were necessary as training is 'a loss-making business'

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