The Appeals Body (Division 2) Mr. Peter Law (in the chair), Mr. Roderick Ryan and Mr. John Tyrrell convened at Punchestown Racecourse on 1st May 2021 to consider the Appeal of Andrew and Gemma Brown (Owners) of Mylestown Upper (FR) against the decision of the Stewards at Kilbeggan on 22nd April 2021.
On the day, following the running of the New Spring Two Day NH Race Meeting Maiden Hurdle, the Stewards were satisfied that Mylestown Upper (FR) ridden by Mr. J.J. Codd which finished first past the post, had caused interference in the latter stages of the race to Hymie Weiss ridden by S.W. Flanagan, which finished second, and in doing so improved its finishing position in relation to Hymie Weiss. As a result, they reversed the placings of both horses. The grounds of appeal lodged by the Owners was that the Stewards erred in their decision.
Evidence was heard from Mr. Codd, Mr. Flanagan and Mr. John. Watson, Equestrian Expert (by phone). The panel also viewed a recording of the race and considered photographs supplied on behalf of Mr. and Mrs. Brown by Mr. Hugh Ryan, architect.
In his evidence, Mr. Codd said that his mount was a big raw horse who was green at times and having his first run over hurdles. He said that he did all he could to keep his mount straight when he was leaning left at times and that from the last hurdle to the winning post he kept his racing line. While watching the recording of the race, he added that Hymie Weiss jumped wide at the last hurdle independently and that was a move that cost the runner-up ground rather than any action by him or his mount. Mr. Codd didn’t accept the evidence that there was any contact between the two horses.
Mr. Watson said that in his opinion that Hymie Weiss had lost ground by jumping out to his left at the last hurdle and this was a move that cost him vital ground on a track like Kilbeggan which is always turning.
Mr. Flanagan stated that he felt he received interference which cost him the race. He said there was slight contact that was of big significance inside the last 50 yards. Mr. Flanagan added that he held a straight line to the point of the bend which is 50 yards from the winning post and that he was beaten by just a nose and as it was such a small margin, the interference cost him the race.
In arriving at their decision, Mr. Law stated that the Appeals Body had considered the evidence of Mr. Codd, Mr. Watson and Mr. Flanagan and had reviewed the photographs and measurements supplied by Mr. Ryan. Taking everything into account they could not be satisfied on the balance of probabilities that the winner had improved its finishing position as a result of any interference and so they ordered that the original placings stand.
The result now reads:
First: Mylestown Upper (FR)
Second: Hymie Weiss
Third: Stilyker
Fourth: Massons Castle (GB)
Fifth: Hgranca De Thaix (FR)
The case was presented by Mr. Liam Walsh, Stipendiary Steward, Mr. and Mrs. Brown were represented by Patrick Kennedy of Patrick J. O’Meara & Co. Solicitors, Liberty Square, Thurles, County Tipperary.