R.P. Whelan Appeal – Cork, 15th October 2011

The Appeals Body (Division Two), P.J.A. O’Connor (in the Chair), John Powell and Mrs. J.O. Onions met at the Turf Club, The Curragh, Co. Kildare on 27th October 2011 to consider an appeal from R.P. Whelan, Apprentice Jockey, against the severity of the ban imposed by the Stewards at Cork on 15th October 2011, when following the running of the Brinny Awards Party Handicap, he was suspended for six race days for using his whip with excessive frequency on Wellmarked who won the race.

Evidence was heard from R.P. Whelan and Dave Keena, Authorised Riders Agent who acts for R.P. Whelan.  Videos of the race were also viewed.

In his evidence, R.P. Whelan accepted that he had used his whip with excessive frequency.  However, he said that he had given the horse a vigorous ride as the horse was lazy and needed encouragement.  He also felt that the horse would have slowed down if he eased up and that the use of the whip was the reason why he won.

Dave Keena accepted that R.P. Whelan’s record wasn’t good.  However, he submitted that the penalty was excessive when compared to similar penalties issued during the year.

Having considered the evidence, the Appeals Body dismissed the appeal and in view of R.P. Whelan’s poor record ordered that he ban of six race days remain in place.  As such he is suspended on 30th October, 4th, 6th, 11th, 18th and 25th November.

The case was presented to the Committee by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.