The Appeals Body (Division 2), Mrs. Justice Siobhan Keegan (in the chair), Mr. Peter N. Reynolds and Mr. N. B. Wachman convened via Zoom on Monday, 12th July 2021 to consider the appeal of P.J. Rothwell (Trainer) against the decision of the Stewards at Wexford on the 2nd June 2021.
On the day, the Stewards imposed a €200 fine on Mr. Rothwell following the withdrawal of Duffys Getaway from the Forth Mountain Walking Trail Maiden Hurdle due to the going despite there being no material change in going on the day.
At the Referral Hearing, evidence was heard from Mr. Rothwell.
In his evidence, Mr. Rothwell stated that he declared his horse at the 48-hour declaration stage when the ground was described as good to yielding and there was a forecast of 20mm of rain prior to racing. He said the update on the morning of raceday was good as the rain had failed to materialise. Mr. Rothwell said that he had declared in the expectation that the ground would be soft at best but when the forecast rain didn’t arrive he withdrew his horse early on the morning of raceday to allow a reserve the opportunity to run.
Having considered the evidence, the Appeals Body were satisfied that Mr. Rothwell was relying on the ground reports issued and that the rain that was forecast prior to racing had not arrived prior to Mr. Rothwell withdrawing his horse. They noted that a contributing factor for Mr. Rothwell withdrawing his horse was so as to allow a reserve the opportunity to run in the race. Therefore taking into account all the circumstances of what occurred and the reasons why they allowed the appeal on this occasion.
The case was presented by Ms. Cliodhna Guy, Head of Legal, Licensing & Compliance.