Mullins vet Tim Brennan cleared of corruption charge in Faugheen inquiry

Willie Mullins' long-serving vet Tim Brennan has been cleared of committing a corrupt or fraudulent practice following a two-day BHA inquiry into whether he passed on inside information to his brother Michael about an injury picked up by Faugheen that ruled him out of the 2016 Champion Hurdle.

Michael Brennan laid Faugheen for the Champion Hurdle, but a disciplinary panel concluded that it "has not been proved to the appropriate standard that Timothy Brennan was the source of any confidential information to his brother".

The disciplinary panel – formed of chairman Philip Curl, Jodie Mogford and Diana Powles – concluded that there were a number of other realistic possibilities for the source of such information.

Brennan response

A statement released through Brennan's solicitor, Smithwick, read: "Tim Brennan and his wife Olivia wish to express their gratitude to the disciplinary panel for its decision in absolving Tim of all wrongdoing and allowing him the opportunity to clear his name.

"From the outset, Tim fully co-operated with the BHA inquiry, made himself available for interview without legal representation and provided his telephone records without having reviewed them in advance. He, at all times, maintained his innocence, adhering to professional integrity and confidentiality."

It continued: "This inquiry has been extremely stressful for the Brennan family but Tim has, from the outset, been resolute in his determination to clear his name. For this reason he sought to give full and frank evidence, being subjected to a comprehensive and strident cross-examination by Queen's Counsel on behalf of the BHA over many hours.

"It is, indeed, reassuring that the panel, not only held Tim Brennan was not subject professionally to the jurisdiction of the BHA but it went further to comment upon Tim’s truthfulness and integrity. It found that he was neither responsible for divulging confidential information nor involved in any wrongdoing."

'Duty to protect the betting public'

The BHA emphasised the importance of investigating potential integrity breaches after the independent panel cleared Brennan of wrongdoing but said the holding of the inquiry was justified.

Head of regulation Tim Naylor said: "Mr Brennan was subject to a fair hearing in front of an independent disciplinary panel. There was evidence which required examination, as the panel has recognised, and we note their finding that the BHA acted reasonably. We will continue to charge potential breaches of the rules of racing in order to protect the integrity of our sport."

A statement from the BHA said that the regulator "has a duty to protect the integrity of our sport and the interests of the betting public" with around 45 per cent of racing's income coming from betting.

What the inquiry heard

Faugheen was the 1-3 favourite for the Champion Hurdle when Mullins announced the horse would not make the Cheltenham Festival in news made public by the Racing Post at 1.26pm on February 17, 2016. Michael Brennan placed his first bet nearly 48 hours before the news broke at odds ranging from 1.49 to 1.98.

Faugheen was reported to be in discomfort after his Irish Champion Hurdle win on January 24 and was ridden out for the first time on February 15. Tim Brennan's phone records show he spoke to Mullins three times on February 15, with one call lasting more than nine minutes, during a two-hour window between 11am and 1pm, when Faugheen was believed to have exercised.

The vet made a call to his brother at 12.53pm, which lasted three seconds. Philip Evans QC claimed this invited the inference the call was returned. The lay betting began at 1.05pm.

The second punter

Tim Brennan's counsel argued it was "complete fantasy" he had passed on inside information.

It was revealed another punter – named as greyhound bookmaker Ted Hegarty, who was investigated but not charged – started to lay the horse within 20 minutes of Michael Brennan, suggesting, according to senior counsel Stephen Lanigan-O'Keeffe, there was a source other than Tim Brennan.

It was also revealed that Michael Brennan's best friend was a Mullins owner, a cousin was racing manager to another owner, two people who worked at his livery yard worked at the Mullins stable at the time of the investigation, and they also shared the same farriers.

Tim Brennan said he would never have discussed Faugheen, nor any other horse he was treating, with his brother and to do so would be to breach the trust of his clients, with Mullins contributing 40 per cent of his business since he started working for him ten years ago.

He told the hearing that at the same time his mother, who died in April 2016, had been diagnosed with cancer and his daughter Annie, who was suffering from leukaemia, was taken to hospital on February 15. She is now in remission.

Tim Brennan said he asked his brother – who refused to cooperate with the investigations, as a result of which he has been excluded from the sport since October 2016 – several times to provide the BHA with his phone records but he refused.

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