The Appeals Body, Mr. Laurence McFerran (Chair), Mr. Noel McCaffrey and Mr. Anthony Byrne convened at the Offices of the Irish Horseracing Regulatory Board on Monday 24^th April 2023 to consider the appeal of Mr. J.J. Codd against the decision of the Raceday Stewards at Fairyhouse on Monday 10^th April 2023 to suspend him for four racedays.

On the day, following the running of the Leinster and Brazil (Pro-Am) INH Flat Race, the Raceday Stewards enquired into Mr. Codd’s use of the whip in the closing stages. Having viewed a recording of the race and considered the evidence the Raceday Stewards found Mr. Codd in breach of Regulations 10.3(g), in that he had used his whip with excessive frequency, and 10.3(i) in that he had used his whip without allowing his mount at least three strides to respond.

The grounds of appeal lodged by Mr. Codd was against the severity of the sanction imposed by the Raceday Stewards.

At the Appeal Hearing, evidence was heard from Mr. J.J. Codd and the committee also watched a recording of the race.

In his evidence, Mr. Codd accepted that he had unintentionally breached the whip regulations in this instance, and that the sanction imposed was disproportionate in that it negatively affected his participation at the Punchestown Racing Festival.

Having considered the evidence, the Appeals Body dismissed Mr. Codd’s appeal. In arriving at their decision, the Appeals Body considered the penalty guidelines available to Raceday Stewards and using their powers under Rule 19C increased Mr. Codd’s suspension to five racedays.

Suspension Dates: 27^th, 28^th, 29^th April, 1^st and 2^nd May.

The case was presented by Mr. Michael Daly, IHRB Regulatory Legal Advisor.

Mr. Codd was represented by Mr. Patrick Kennedy, P.J. O’Meara Solicitors, Thurles, Co. Tipperary.