COMER Group International sponsors a Group 2 race at the Curragh on July 20th but it seems likely that Luke Comer, a partner in that €2 billion company, will not have a trainer’s licence at that time, having this week lost his appeal against a three-year suspension.
The case was originally heard in 2023 following a long-running investigation by the Irish Horseracing Regulatory Board. It all began in October 2021 when the Comer-trained He Knows No Fear tested positive for anabolic steroids following a fourth-placed effort in the 14-runner Listed Trigo Stakes at Leopardstown.
A month later the IHRB visited Comer’s yard and took hair samples from a number of horses, which resulted in 11 more positive results for the same prohibited substances.
Comer vigorously contested the findings and the Referrals Committee hearing ran for nine days in May 2023, during which evidence was given - on Comer’s behalf - by nine veterinary or pharmacological experts from around the world. The IHRB called on seven such experts.
The Referrals Committee did not believe there was evidence of deliberate doping but, in the absence of any other plausible explanation, had no option but to find Comer responsible for serious rule breaches and ordered that his licence be withdrawn for a period of three years.
Fines totalling €85,000 were imposed and, very significantly, Comer was ordered to pay 80% of the IHRB’s legal costs, which amount to €755,000. The trainer is likely to have run up similar costs on his own side.
Comer appealed the penalties and, simultaneously, the IHRB appealed on the basis that the penalties were too lenient.
The Appeals Committee heard the case in May and the verdict, written by Mr Justice Peter Kelly, was published in a 24-page document on Thursday.
While Comer failed in his appeal to have the suspension overturned, and the IHRB failed to have the penalties increased, Comer was successful in having his fines reduced by €25,000 and he succeeded in being cleared of the charges of prejudicial conduct and of giving misleading information to the Referrals Committee. However, Comer was ordered to pay 75% of the IHRB’s appeal costs as well as his own.
Comer, whose ban is due to start on July 15th, has the option to seek leave from the High Court to have the Appeals Committee’s decision judically reviewed. Or he could accept the suspension and arrange for another licence holder to take over his training yards in Kilternan, Co Dublin, and Dunboyne, Co Meath. Comer is only in Ireland for approximately three months per year and his yard is effectively run day-to-day by Jim Gorman, a long-established licence holder who has his own premises elsewhere.
It is not unusual for suspended trainers to install a new trainer at their premises for the duration of their ban. Gordon Elliott was replaced by Sneezy Foster for six months in 2021 and Cathy O’Leary is currently saddling horses for her brother Tony Martin who is serving a three-month ban.
SHARING OPTIONS: