The Appeals Body (Division Two) Philip Caffrey (in the chair), Joseph M. McGrath and J.R. Craigie met in the Stewards Room, Fairyhouse Racecourse, Ratoath, Co Meath on Tuesday, 5th April 2016 to consider the appeal of T.P. Madden, rider, against the severity of the penalty imposed by the Stewards at Dundalk on 1st April 2016, following the running of the Paddy Power Messenger Betting Apprentice Handicap. On that day the Stewards found T.P. Madden to be in breach of Regulation R10(3)(g) in that he used his whip with his arm above shoulder height. As a result he was suspended for two race days.

His grounds of appeal were that the penalty of two days was excessive bearing in mind his exemplary record.

Evidence was heard from T.P. Madden. Film of the race was also viewed.

In his evidence T.P. Madden accepted that he was in breach of the rule and that he had used the whip on five to six occasions with his arm above shoulder height in the latter stages of the race. He said it was the first time he had ever been penalised for a breach of the whip rules. He attributed this to a change in his riding style as a result of coaching. He said he had discussed the rule breach with his coach since Friday night and went to RACE yesterday to improve his whip style. He said he was not conscious of the fact that he was using the whip incorrectly during the race.

Having considered the evidence the Appeals Body dismissed the appeal and ordered the original suspension of two race days stands (April 15th & 16th).

The case was presented by Denis Egan, Chief Executive of the Turf Club. T.P. Madden was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co Kildare.