The Appeals Body Mr. Peter Allen (Chairperson) Dr. Paddy Molony and Mr. Noel McCaffrey convened at the Offices of the Irish Horseracing Regulatory Board on Wednesday 6th December 2023, to consider the appeal of Mr. John Barry (Rider) against the decision of the Stewards at the West Waterford (F) Boulta Point to Point fixture on Saturday 25th November 2023.
On the day, following the running of the 5yo Geldings Maiden, the Stewards found Mr. J.C. Barry, rider of Eaton Anne, in breach of Regulation 58.3(h), in that he had used his whip with his arm being or appearing to be above shoulder height and Regulation 58.3(i) in that he had used the whip without allowing his mount at least three strides to respond. Having taken his previous record into consideration, the Stewards suspended Mr. J.C. Barry for two Point to Point racedays.
The grounds of appeal lodged by Mr. Barry was that the Stewards had erred in their decision.
At the Appeal Hearing, evidence was heard from Mr. Barry and the panel also viewed a recording of the race.
In his evidence, Mr. Barry stated that his mount was very green and needed plenty of coaxing along but that he had used his whip sparingly. Mr. Barry accepted that he had used his whip without allowing his mount three strides to respond but had done this to keep his mount balanced as he had shifted from another horse after the last fence. Mr. Barry said that he felt he was not in breach of Regulation 58.3(h) as his arm was not above shoulder height.
Having considered the evidence, the Appeals Body allowed the appeal in relation to Regulation 58.3(h) but confirmed the breach of Regulation 58.3(i) and suspended him for one Point to Point raceday.
The case was presented by Mr. Kevin Power of Maurice Power Solicitors, Kilmallock, Co. Limerick on behalf of Mr. Barry. The IHRB was represented by Ms. Clíodhna Guy, Head of Licensing, Legal and Compliance.
Suspension date: 10th December 2023