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S. J. Mahon Appeal - 22nd December 2008

S. J.  Mahon Appeal - 22nd December 2008

The Appeals Body (Division Two) Mr. J.R. Craigie (in the chair), Mr. Peter N. Reynolds and Judge Tony Hunt met in the Turf Club Offices, The Curragh, Co. Kildare on 22nd December 2008 to consider the Appeal of Mr. S. J. Mahon against the severity of the penalty imposed by the Referrals Committee on 20th November 2008 when his licence was suspended for four months with effect from 1st January 2009 as a result of being found in breach of Rules 272 and 273 (xiii). The Appeals Body considered submissions from Mr. Conal Boyce and Mr. Conor Kearney BL. Having considered the submissions the Appeals Body dismissed the Appeal and ordered that S. J. Mahon pay costs of €2,000 towards the cost of the transcript and the cost of staging the Appeal. They also ordered that the suspension of Mr. Mahon’s licence be deferred until 1st May 2009 subject to certain administrative matters being addressed with the Licensing Committee. The case was presented by Mr. Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare. Mr. Stephen Mahon was represented by Mr. Conor Kearney BL instructed by Mr. Patrick Delaney of P. Delaney & Co Solicitors, Castleknock, Dublin 15.

Editors Note:

1. A copy of the original press release issued following the Referrals Committee hearing on 20th November 2008 is below.

2. Mr. S. J. Mahon’s licence is now suspended for the period 1st May to 31st August 2009

 

S.J. Mahon Referral Patrick Doherty -v- Stephen Mahon

The Referrals Committee Dr. Gordon A. Holmes (in the Chair), Mrs. J.O. Onions and Mr. C.E. O’Sullivan met in the Turf Club Offices, The Curragh, Co. Kildare on 20th November 2008 to consider the referral of Mr. Stephen Mahon, trainer, in respect of his handling of the above entitled legal action when in default of any effective action by him, an order was made by Judge Lindsay in the Circuit Court on 24th May 2007 awarding the Plaintiff the sum of €34,192.83 together with the costs of proceedings. As Mr. Mahon did not proceed with an appeal this order still stands. The claim related to serious allegations concerning Mr. Mahon’s treatment of a racehorse “Pike Bridge” the property of the Plaintiff. Evidence was heard from Mr. Denis Egan, Chief Executive Irish Turf Club, Mr. Stephen Mahon and Mr. Patrick Delaney, Solicitor for Mr. Mahon. Having considered the evidence the Committee found that Mr. Stephen Mahon was in breach of Rules 272 and 273 (xiii) and suspended his licence for four months with effect from 1st January 2009. They also ordered that a transcript of the hearing be forwarded to the Licensing Committee to see if there are any issues they should consider which arose at today’s hearing prior to Mr. Mahon reapplying for his licence when the suspension is over. They also ordered that Mr. Mahon pay costs of €1,000 towards the cost of the hearing. In imposing the penalty the Committee Chairman, Dr. Gordon A. Holmes said that the Committee regarded the offence as very serious and that it had brought racing into disrepute. While there was no evidence of cruelty to “Pike Bridge”, Dr. Holmes said that there was complete disregard of the procedures for the ordinary running of a licensed stable and that the manner in which Mr. Mahon gave his evidence was unsatisfactory. He also said that but for the closing submission made by Mr. Conor Kearney BL (on behalf of Mr. Mahon) the penalty imposed would have been substantially greater. The case was presented by Mr. Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare. Mr. Stephen Mahon was represented by Mr. Conor Kearney BL instructed by Mr. Patrick Delaney of P. Delaney & Co Solicitors, Castleknock, Dublin 15.


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