A corruption case brought against Willie Mullins’ vet has been condemned by defence lawyers as “complete fantasy”, at a regulatory hearingon Monday. Tim Brennan, who earns 40% of his income from attending on Mullins’s horses, is charged by the British Horseracing Authority with passing inside information to his brother, Michael, who then layed Faugheen for the 2016 Champion Hurdle, two days before Mullins declared the horse a non-runner.

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“This case simply has no credibility,” declared Brennan’s barrister, Stephen Lanigan O’Keeffe, after pointing out that Michael Brennan was not the only punter laying Faugheen at the critical juncture. Evidence from Betfair showed Michael Brennan began betting against the horse at 1.05pm on 15 February 2016 and built up a potential profit of €3,342 by offering odds up to 1.98, almost even money, at a time when Faugheen was a 1-3 shot with bookmakers.

But, O’Keeffe pointed out, BHA investigators found another punter, also with a possible connection to the Mullins yard, who had begun laying Faugheen through Betfair within 20 minutes of Michael Brennan doing the same, with similar amounts of money involved.

Jonathan Dunn, a BHA investigator, told the hearing no charges had been issued in connection with that other punter because he had not reached “a clear conclusion” about the source of his information. O’Keeffe told Dunn it was “inescapable” that there was another source of negative information about Faugheen, since the other punter had no known connection with Tim Brennan. Dunn declined to draw the same conclusion.

Under pressure from O’Keeffe, Dunn accepted he had taken no further interest when it was reported in February that two other Mullins horses were heavily layed before major races, despite the possibility that the same source might be involved.

Key to the BHA’s case is a three-second phone call from Tim to Michael Brennan, made 12 minutes before Michael started laying Faugheen. The BHA accepts this was a “missed call” but suggests Michael must have called his brother back soon after. They have no hope of offering direct proof because Michael has refused to co-operate.

It emerged that Faugheen had been sore after winning the Irish Champion Hurdle in January 2016 and was not ridden until the day Michael Brennan began to lay him. Mullins’ evidence, given by phone, was that the horse “appeared to be fine” until the next day, when his lameness returned.

The hearing continues on Tuesday, when Tim Brennan is expected to give evidence. The question of whether the BHA has jurisdiction to pursue a case against him has yet to be argued but it appears that, to win that point, the BHA must show the vet “played an active part in managing” Faugheen. Mullins said: “I manage the horses and make the decisions about whether they run or not and that’s basically it.”