The Appeals Body, (Division 1), Joseph Finnegan, (in the chair), Ms. Mary M. O’Connor and N.B. Wachman met at The Turf Club, The Curragh, Co. Kildare on Tuesday, 21st February 2017 to consider an application from Ms. Sharon Dunphy to re-enter an appeal against the decisions of the Referrals Committee on 22nd September and 21st December 2016. In the latter decision she was disqualified by the Referrals Committee for a period of two years as a result of being found in breach of a number of Rules following the withdrawal of Like A Diamond by order of the Stewards from The Tote Win 24% Better Than Bookmakers SP Maiden at Ballinrobe on 22nd July 2013.
The Appeals Body reviewed correspondence on the matter including a letter received by the Turf Club from Ms Dunphy at 4.55pm on Monday, 20th February 2017.
The following was accepted as fact.
i) Solicitors acting on behalf of Ms. Dunphy lodged an appeal on her behalf on 22nd December 2016. No deposit was included with the appeal.
ii) The Turf Club wrote to the solicitors on 23rd December asking that the deposit be paid. No deposit was subsequently paid.
iii) An email was received by the Turf Club on 13th February 2017 from Ms. Dunphy stating that she would not be appealing the Like A Diamond ban.
iv) The Turf Club wrote to Ms. Dunphy on 13th February 2017 to acknowledge the withdrawal of the appeal.
v) Ms. Dunphy wrote to the Turf Club on 20th February 2017 indicating that she now wished to go through the appeals procedure and setting out her grounds of appeal.
Ms. Dunphy did not attend the hearing but was represented by William Murphy.
The Appeals Body noted that under Rule 259 they did not have power to hear Mr. Murphy as he was not a designated official of any Association duly recognised by the Governing Bodies nor was he a solicitor or barrister retained by the appellant.
Having considered the correspondence, the Appeals Body found that there was never an appeal as the appellant had not complied with the requirements of Rule 256 regarding the lodging of the appeal. Thus, the Appeals Body could not reinstate something that was never there.
The case was presented by Louis Weston, Barrister.