The Appeals Body, Mr. M.C. Hickey (in the chair), Mr. Peter N. Reynolds, and Mr. Jack Rearden convened in the Offices of the Irish Horseracing Regulatory Board on Tuesday, 14th February 2023 to consider the appeal of Shane Fenelon (Rider) against the decision of the Stewards at Leopardstown on 5th February 2023.
On the day, following the running of the Bulmers Leopardstown Handicap Chase, the Raceday Stewards found Mr. Fenelon in breach of Rule 208 in that he disobeyed the Starters’ instructions and having considered Mr. Fenlon’s record in this regard, the Raceday Stewards suspended him for one raceday.
The grounds of appeal lodged by Mr. Fenelon was that the Stewards erred in their decision.
At the Appeal Hearing, evidence was heard from Mr. Fenelon and the committee watched a recording of the incident at the Start.
In his evidence, Mr. Fenelon stated that there was 25 runners in the race in question and one of the runners had arrived to the Start later than the remainder of the field. Mr. Fenelon explained that his instructions were to remain on the wide outside and he did so as the field was circling prior to the start. Mr. Fenelon said that the Starter, Mr. J.R. Banahan, had initially asked the Riders to stand and wait for the final horse to join the line-up, before asking the Riders to take one last turn. Mr. Fenelon accepted that he broke away from the remainder of the field on his own but stated he did so as he wanted to line up on the wide outside which would not inconvenience any other Rider in the race. He also accepted that he failed to communicate his intentions to the Starter.
Having considered the evidence, the Appeals Body allowed the appeal in light of mitigating circumstances on this occasion.
The case was presented by Mr. Michael Daly, IHRB Regulatory Legal Advisor and Mr. Fenelon was represented by Mr. Andrew Coonan of Coonan Cawley Solicitors, Naas, County Kildare.