Appeal – Mr. Anthony McCann (Trainer) – Sligo, 7th August 2019
The Appeals Body (Division Two), Justice Leonie Reynolds (in the chair), Mr. Sean Barry and Mr. John Martin-Smith met in the Stewards Room at Leopardstown Racecourse on Thursday, 8th August 2019 to consider the appeal of Mr. Anthony McCann (Trainer) against the decision of the Stewards at Sligo on 7th August 2019.
On the day, the Stewards imposed a €200 fine on Mr. McCann for the withdrawal of That’s Not Me and also suspended the horse for two racedays.
The grounds of appeal were that the That’s Not Me should not incur a suspension of two racedays.
The Appeals Body heard evidence from Mr. McCann, Ms. Tracey O’Meara (IHRB Clerk of the Course), via telephone, and Mr. Wayne Lordan (Rider).
In his evidence, Mr. McCann outlined that his horse, That’s Not Me, appreciates fast ground and that when he walked the track following the running of the first race, he felt the ground was cutting up. Mr. McCann stated that he sought the opinion of his jockey, Nathan Crosse, and some senior riders about the ground conditions and after consulting with Ms. O’Meara he took the decision to withdraw That’s Not Me.
In her evidence, Ms. O’Meara stated that some selective watering took place on the track on the morning of racing due to the drying conditions so as to ensure that the ground would not get too quick. She added that the times of the races on the evening conformed with her description of good, good to yielding in places and that no jockey approached her during the meeting to request a change to the official ground description. Ms. O’Meara also added that the only other late withdrawal on the card was in the same race and the reason accepted by the Acting Stewards was that the ground was too quick.
Mr. Lordan confirmed that he had three rides on the card and that Mr. McCann had asked him his opinion of the ground. In his opinion, Mr. Lordan said that he felt the track was beautifully presented and prepared and described the ground as yielding. He confirmed that he didn’t have any discussion with Ms. O’Meara regarding the ground conditions.
Having considered the evidence, the Appeals Body dismissed the Appeal determining that they could not be satisfied that the ground had eased from the official description. It was also noted that the Stewards had allowed the withdrawal of a horse in the same race as the ground was too quick. They also added that no jockeys riding on the day made an official approach to the Clerk of the Course or the Stewards in relation to the ground changing and that the only complaint came from Mr. McCann. As a result of the decision, That’s Not Me was withdrawn from the Fitzers Catering Handicap at Leopardstown on 8th August. They ordered that Mr. McCann would have €250 of his deposit returned.
The case was presented by Cliodhna Guy, Solicitor, Head of Licensing, Legal and Compliance