The Appeals Body (Division Two) Mr. N. B. Wachman (in the chair), Mr. Robert Dore and Mr. Anthony Byrne convened at the Stewards Room, Curragh Racecourse, Co. Kildare on Sunday 15th September 2019 to consider the Appeal of N.M. Crosse (Rider) against the decision of the Referrals Committee on 2nd September 2019.
At the Referral Hearing, the Referrals Committee enquired into the fall of Unconscious Mind ridden by D.W. O’Connor in the Matchbook Irish EBF Maiden (Plus 10 Race) at Cork on 17th August 2019. They considered evidence into what occurred from D.W. O’Connor, R.C. Colgan, J.A. Heffernan (Riders), and Mr. Crosse. Having considered the evidence and viewed a recording of the race, the Referrals Committee found Mr. Crosse to be in breach of Rule 214(i)(a) in that he ridden dangerously. Having taken into account his record they imposed a 14 day suspension, ordered that Mr. Crosse forfeit his riding fee and disqualified Lequinto from the race.
The grounds of Appeal lodged by Mr.Crosse were that the Referrals Committee erred in their decision to find him in breach of Rule 214(i)(a).
Evidence was heard from Mr. Crosse and Warren O’Connor (Jockey Coach). The Appeals Body also viewed a recording of the race.
In his evidence, Mr. Crosse stated that his mount had not been straightforward prior to this run or on his other previous start at Naas. He added that his mount was drawn in stall 11 and had raced up the centre of the track. He stated he had intended to keep a straight line throughout the race. However, his mount had been intimidated by another horse on his inside which caused his mount to jink suddenly and even though he had heard shouts from other riders, he hadn’t enough time to take corrective action. Mr. Crosse accepted that interference had taken place but argued that it was not his fault and had occurred as a result of the other horse initially jinking rather than he being responsible for his horse coming off a straight line.
In his evidence, Warren O’Connor outlined why he believed that Mr. Crosse was not to blame for what occurred and suggested that he did not have time to take corrective action once his horse jinked.
Having considered the evidence, the Appeals Body found that on the balance of probabilities the decision of the Referrals Committee was justified to find Mr. Crosse guilty of dangerous riding and therefore dismissed the appeal. They did however order that Mr. Crosse’s deposit be refunded in view of his previous exemplary record.
The case was presented by Michael O’Donoghue, Stipendiary Steward. Mr. Crosse was represented by Patrick Kennedy of Patrick J. O'Meara & Co. Solicitors, Liberty Square, Thurles, Co Tipperary.