The Appeals Body (Division Two) Philip Caffrey (in the chair), J.R. Craigie and Joseph M. McGrath met in the Stewards Room, Fairyhouse Racecourse, Ratoath, Co Meath on Tuesday, 5th April 2016 to consider the appeal of Barry Browne, qualified rider, against the severity of the penalty imposed by the Stewards at Fairyhouse on 28th March 2016, following the running of the Fred Kenny Service To Racing Novice Handicap Steeplechase and his ride on On The Shannon. On the day the Stewards found that he was in breach of Regulation R10(3)(f) in that he used his whip with excessive frequency, Regulation R10(3)(a) by hitting his mount in front of the saddle with his hand in the forehand position and Regulation R10(4) by failing to give his mount time to respond to the whip. As a result he was suspended for seven race days and instructed to attend RACE for a day’s tuition on the correct use of the whip.

His grounds of appeal were that his use of the whip between the second last fence to the line was not excessive in all the circumstances.

Evidence was heard from Barry Browne. Film of the race was also viewed. The Stewards also noted the contents of a letter received from Oliver McKiernan, trainer On The Shannon.

In his evidence Barry Browne accepted that he was in breach of the relevant rules. He said On The Shannon needs a strong drive as he tends to ease up once the pressure is taken off. He also referred to his riding record and said he was only ever in breach of the whip rules on one previous occasion.

In his letter Mr McKiernan said that On The Shannon was in great form after the race and was not effected in any way by what occurred.

Having considered the evidence and the various submissions on the implications of the penalty, the Appeals Body reduced the suspension from seven race days to six race days (April 11th, 14th, 15th, 20th, 21st & 22nd), and confirmed the instruction to Mr Browne to attend RACE for a day’s tuition on the correct use of the whip.

The case was presented by Michael O’Donoghue, Stipendiary Steward. Barry Browne was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co Kildare.