The Appeals Body (Division 2), Mr. N.B. Wachman, (in the chair), Mr. Joseph M. McGrath and Mr. M.C. Hickey convened at the Offices of the Irish Horseracing Regulatory Board (IHRB) on Wednesday 20th March 2019 to consider the Appeal of J.J. Codd, Rider, against the decision of the Stewards at Dundalk on 6th March 2019.
On the day, following the running of the BetVictor (QR) Handicap, the Stewards interviewed Mr. Codd, rider of Markhan (USA), concerning his use of the whip in the closing stages of this race. Having viewed a recording of the race and considered his evidence, the Stewards were of the opinion that Mr. Codd was in breach of Regulation 10.4 in that he had failed to give his mount time to respond. Having taken his previous record into consideration, the Stewards suspended Mr. Codd for three racedays.
The grounds of Appeal lodged by Mr. Codd was that he did not use his whip in contravention of the Regulations and taking into account the circumstances of the race, his use of his whip was appropriate and in all the circumstances a suspension of three days was excessive.
Evidence was heard from Mr. Codd where he outlined what had occurred during the race and the circumstances surrounding his use of the whip. The Appeals Body also viewed a recording of the race and considered the transcript of the Stewards Enquiry.
Having considered the evidence, the Appeals Body found that the Stewards were correct in determining that Mr. Codd was in breach of Regulation 10.4. On consideration of the suspension the Appeals Body decided to reduce the suspension by one day in view of his record and the circumstances of the race. Consequently, Mr. Codd is now suspended on Thursday 21st and Saturday 23rd March.
Mr. Codd was represented by Andrew Coonan of Coonan Cawley Solicitors, Naas Town Centre, Naas, Co. Kildare. The IHRB was represented by Cliodhna Guy, Head of Licensing, Legal and Compliance.