The Appeals Body, Mr. N.B. Wachman (in the chair), Mr. Michael Hickey and Mr. Jack Rearden convened at the Offices of the Irish Horseracing Regulatory Board on Wednesday, 13^th September 2023 to consider the appeal of R.P. Cleary (Rider) following the decision of the Raceday Stewards at Tipperary on Sunday, 3^rd September 2023.

Following the running of the Coolmore No Nay Never Fairy Bridge Stakes, the Raceday Stewards found Mr. Cleary in breach of Regulation 10.3(a) in that he had used his whip in front of the saddle while held in the forehand position and Regulation 10.3(g) in that he had used his whip with excessive frequency. Having considered his record in this regard the Raceday Stewards suspended Mr. Cleary for five racedays.

The grounds of appeal lodged by Mr. Cleary was that the Stewards on the day erred in their decision. 

At the Appeal Hearing, evidence was heard from Mr. Cleary, rider of Clever and Cool. The Appeals Body also watched a recording of the race.

In his evidence, Mr. Cleary stated that his filly is a tricky filly and on the five occasions that he has ridden her this year, he has reported that she was either slow away or leaning left or right. On this occasion, he came around the bend on the outside to get a clear run in the straight. Mr. Cleary added that horses on his inside drifted out to him and he received a bump taking him off his line and causing his filly to lean left. Mr. Cleary further stated that he used his whip in his forehand to try to get his filly running in a straight line again, which he felt he achieved, and if he hadn’t used his whip in this manner there would have been a riding incident.

Having considered the evidence, the Appeals Body were satisfied that Mr. Cleary was in breach of Regulation 10.3(a) in that he had used his whip in front of the saddle while held in the forehand position, and Regulation 10.3(g) in that he had used his whip with excessive frequency. Having considered Mr. Cleary’s record in this regard, the Appeals Body imposed a suspension of four racedays.

Suspension dates 18^th, 19^th, 21^st and 22^nd of September.