VETERINARY surgeon Tim Brennan had charges of committing a corrupt or fraudulent practice in relation to racing, against him dropped today.

The Independent Disciplinary Panel of the British Horseracing Authority found that it not been proved to the appropriate standard that Timothy Brennan was the source of any confidential information supplied to his brother Michael Brennan concerning Faugheen and his chances of running in the 2016 Cheltenham Champion Hurdle.

Co Kilkenny-based Brennan, a vet to Willie Mullins for a number of years, had been accused of passing on inside information to his brother about an injury shortly before the horse was withdrawn from the 2016 Champion Hurdle. Michael Brennan, who did not co-operate with the trial, was alleged to have used information to place ‘lay’ bets against the horse in betting markets with liabilities of several thousand euro. Willie Mullins was not involved in the case.

The Panel concluded that there were, on the evidence, a number of other realistic possibilities for the source of any such information. They considered that Timothy Brennan had cooperated throughout the investigation. The Panel found him to be a credible witness who did not seek to avoid any of the matters put to him.

Faugheen (right) was withdrawn from the 2016 Champion Hurdle

The panel had considered the issues as to whether Timothy Brennan between 24 January 2016 and 20 February 2016 acted in breach of Rule (A)41.2 and/or (A)41.1 in that he conspired with Michael Brennan to commit a corrupt or fraudulent practice in relation to racing.

The BHA case was that Timothy Brennan provided his brother Michael Brennan with inside information concerning Faugheen and his chances of running in the 2016 Cheltenham Champion Hurdle. It was alleged this was confidential information known by Timothy Brennan through his role as a veterinary surgeon and was information over which he had a degree of control. Further Brennan knew or suspected that Michael Brennan would use that information to profit from placing lay bets on Faugheen.

"He, at all times, maintained his innocence, adhering to professional integrity and confidentiality.

The Panel's conclusion was that Timothy Brennan at the material time in all the circumstances placed before the Panel was not, as a self-employed veterinary surgeon, subject under Rule (A)2 to the Rules of Racing.

On balance the Panel preferred the submissions made on behalf of Timothy Brennan to those made on behalf of the BHA.

The Panel did however, consider that the BHA on the information available at the time were acting reasonably in instigating an enquiry in respect of Timothy Brennan.

Full detailed written reasons for the decision will follow later.

Tim Brennan released a statement through his legal team.

“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.

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 Queens 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.

It also made a positive finding that there were a number of other realistic sources of such information and had these been fully explored, Mr Brennan would not have been subjected to the stress and expense of this Inquiry.

Tim is appreciative of the support of his friends and family as well as the support shown to him by Willie Mullins at all times.”

STATEMENT

The BHA also released a statmenet saying "The BHA has a duty to protect the integrity of our sport and the interests of the betting public. That means we will investigate and act where we become aware of suspicious betting activity. Those who lose money in such circumstances would expect nothing less, and we owe it to them to pursue these cases.

Had we had co-operation from the key witness in the case, Timothy Brennan's brother, this matter might have been resolved much sooner. Notwithstanding, it was important to set the evidence in front of an independent Panel. We await the independent Panel’s full written findings." before we can comment further on the detail of this case, including the issue of jurisdiction which the Panel examined.