Share to
The Referrals Committee, Mr Justice Frank Clarke (Chairman), Mr Anthony Byrne and Mr Nick Wachman convened at the Offices of the Irish Horseracing Regulatory Board on Thursday, 24 September 2026 to consider whether Mr Con Hickey (Owner) was in breach of any rules of racing following an investigation into the adverse analytical finding of Thermal Overload following his win in the Coolmore Stud National Hunt Division 6yo & Upwards Geldings Maiden at West Waterford (F) Tallow on 8 February 2026.
The evidence obtained during the investigation suggested that Mr Hickey had actual care and control of Thermal Overload in the period leading up to the race in question.
At the hearing, evidence was heard from Mr Hickey and Mr Ray Bergin, IHRB Point to Point Operations Manager.
In his evidence, Mr Bergin stated that Mr Hickey had met the case in a very forthright manner and that during an interview as part of the investigation, Mr Hickey confirmed that Thermal Overload had been in his care and control at all times on the lead up to the race at Tallow and was never in the care of Mr Eamonn Gallagher, the Handler named on the Hunters Certificate.
In his evidence, Mr Hickey accepted he was in breach of the rules and apologised for the error that had occurred. Mr Hickey explained the horse had been in training with a Handler as a younger horse but the horse sustained an injury and recuperated at his own premises. Mr Hickey said that the horse was due to join Mr Gallagher when a stable became available but admitted that the horse ran prior to going into the care and control of Mr Gallagher. In relation to the adverse analytical finding, Mr Hickey gave evidence that he remained responsible for the horse’s preparation at that time, including its feeding and he had intended to give the horse electrolytes prior to the race. He said that the phenylbutazone finding may have resulted from bute which had been on his premises since the horse’s injury and it being inadvertently given instead of electrolytes on the morning of the race.
Having considered the evidence, the Referrals Committee determined as follows:
The breaches of the Rules and Regulations as set out in the charge letter were admitted by Mr Hickey.
In respect of the breaches of Rule 273(i) and Regulation 23(a)(i), arising from Mr Hickey having caused phenylbutazone to be administered to Thermal Overload while the horse was in his care and control, notwithstanding that he did not hold a Handler’s Permit, the Referral Committee imposed a fine of €1,000.
In respect of the breaches of Rule 272(i) and Regulation 22(xv), having found that Mr Hickey’s conduct was prejudicial to the integrity, proper conduct and good reputation of horseracing, the Committee imposed a further fine of €1,500. In determining the appropriate penalty, the Committee took account of the seriousness of the breaches and the manner in which Mr Hickey met the case. The Committee further noted that any similar breach arising in the future may attract a more significant penalty.
The Committee also considered it important that their decision be publicised to the wider Point-to-Point community, particularly to reinforce that entries and declarations must accurately reflect the person who has actual responsibility for the horse and that a Handler’s Permit cannot be used merely as an administrative means of facilitating an entry.
The case was presented by Ms Christine Traynor BL, IHRB Head of Racing Regulation and Integrity.