The Appeals Body (Division Two), Judge Tony Hunt (in the Chair), John Moloney and Paul Ronan met at the Turf Club, Curragh, Co. Kildare on Thursday 28th August, 2014 to consider an appeal from Kevin Manning, rider, against the decision of  the Stewards at Roscommon on 18th August 2014.  On that date the Stewards found the rider to be in breach of Rule 214 in that he had ridden carelessly on Ri An Domhnaigh during the running of the Sean Cleary Memorial Handicap and as a result he was suspended for two race days. 

The rider’s grounds of appeal were that what occurred was not careless riding.

Evidence was heard from Kevin Manning and from Leigh Roche, rider, Pingit (GB).  Film of the race was also viewed.

In his evidence Kevin Manning said that just before the furlong pole he was looking for room and went to switch outside but Pat Smullen was on his outside. He then switched inside between Niall McCullagh and the rail as Leigh Roche was dropping back at that stage. He said he went for the gap but immediately heard Leigh Roche shout and reacted immediately by taking his horse out of the gap and back into the position where he had been. He said that there was no psychical contact between the horses and that in his opinion he did not endanger any other horse or rider and his manoeuvre did not affect the placing of either horse. 

In his evidence Leigh Roche said that his horse was dropping back as his race was finished and when he saw Kevin Manning coming into the gap he gave a precautionary shout and took a pull for half a stride. He said there was no contact between the horses and felt the incident did not adversely affect the running or placing of his horse.

Having considered the evidence the Appeals Body found that there was interference, however slight, caused by the misjudgment of Kevin Manning. They did acknowledge that this misjudgment was immediately corrected. They dismissed the appeal and found him to be in breach of Rule 214. Taking into account the rider’s recent record they found the original sanction was appropriate in the circumstances and that the 2 day suspension should remain. They ordered the appeal deposit be returned.

The case was presented by Conal Boyce, Solicitor, Naas, Co. Kildare.  Kevin Manning was represented by Frank Ward, Frank Ward & Co, Solicitors, Dublin 7.