The Appeals Body (Division Two), N.B. Wachman (in the Chair), Justice Tony Hunt and C.P. Magnier met at the Turf Club, The Curragh, Co. Kildare, on Monday, 14th December, 2015, to consider the appeals of P.T. Enright, rider, and A.J. Martin, trainer. The appeals were lodged against the decision of the Acting Stewards at Fairyhouse on 28th November, 2015, when following the running of the Auld Stand Kellys Pub Beginners Steeplechase, both P.T. Enright, rider, and A.J. Martin, trainer, were found to be in breach of Rule 212. As a result P.T. Enright was suspended for seven race days and ordered to forfeit his riding fee, while A.J. Martin was fined €1,000. Bobbie’s Diamond was suspended for 30 days. The grounds of appeal lodged by P.T. Enright, rider, and A.J. Martin, trainer, were that veterinary evidence was unavailable for consideration by the Stewards at Fairyhouse on 28th November, 2015, during their deliberations.

Evidence was heard from P.T. Enright, rider, and A.J. Martin, trainer. The Appeals Body also viewed footage of the race.

In his evidence P.T. Enright stated his instructions were to be handy throughout the race and obtain its best possible placing. The horse jumped poorly throughout the early stages, lost ground in the process and was further back in the field than he would have preferred. The horse made more jumping errors past Ballyhack and was further adrift of the field approaching the straight where he had passed tired horses. The horse’s limited experience, ground conditions and inclement weather was a contributory factor to its performance and that in hindsight he should have considered pulling him up to preserve him for a future campaign.

In his evidence A.J. Martin confirmed his instructions to the rider and referred to the horse’s relative inexperience and that it was his first occasion to race beyond 2 miles. The ground conditions and inclement weather was a further factor and from approximately seven out, through more jumping errors the horse emptied. Mr. Martin confirmed to the Committee that the horse received an endoscopic examination by a Veterinary Surgeon from the Ratoath Veterinary Clinic prior to leaving the racecourse which confirmed the presence of blood in the trachea which may have had an effect on the horse’s performance. This evidence was tabled at the appeal hearing.

Having considered the evidence the Committee allowed the appeals. The additional evidence of an endoscopic veterinary examination by Ratoath Veterinary Clinic confirmed the presence of blood in the trachea region and this evidence was not available to the Acting Stewards at the original enquiry and was, on the balance of probabilities, attributable to the horse’s performance. They found P.T. Enright and A.J. Martin not to be in breach of Rule 212 and ordered that their deposits be refunded. The Committee also requested the Handicapper to take into account the circumstances surrounding this horse’s run.

The case on behalf of the Turf Club was presented by Conal Boyce of Conal Boyce Solicitors, Naas. The case on behalf of A.J. Martin and P.T. Enright was presented Kevin Power of Maurice Power Solicitors, Kilmallock.