The Appeals Body (Division 2) Mr. Philip Caffrey (in the chair) Mr. Michael Hillman and Mr. John Murphy convened at Naas Racecourse on Thursday, 16^th September 2021 to consider the Appeal of Shane Foley (Rider) against the decision of the Stewards at Leopardstown on 11^th September 2021.

On the day, following the running of the Clipper Logistics Boomerang Mile, the Stewards suspended Mr. Foley, rider of Real Appeal (GER) for three racedays having found him in breach of Rule 214, in that he had ridden carelessly. The grounds of appeal lodged by Mr. Foley was that the Stewards had erred in their decision.

Evidence was heard from Mr. Foley and the Appeals Body also watched a recording of the race.

In his evidence, Mr. Foley explained that he was very familiar with Real Appeal (GER) having won on the horse three times previously. He said he had tracked a strong pace which was set in the race and that as he was going to try and win his race his mount shifted left. Mr. Foley stated that his mount can be quirky and can have a tendency to be lazy in front but had never before gone left or right under pressure but on this occasion he had shifted left. Mr. Foley stated that he attempted to straighten his mount after his second use of the whip and that in hindsight he possibly should have done this after his first use but he was not of the opinion that he had ridden carelessly. He added that his previous breach of Rule 214 was almost exactly 12 months previously and in that time he has had over 700 rides and ridden in Japan, England, America and France and his record was exemplary with the exception of this fixture.

Having considered the evidence the Appeals Body did not feel that the Stewards on the day erred in their decision and dismissed the appeal in its entirety. 

The case was presented by Mr. Liam Walsh, Stipendiary Steward.

Suspension Dates: 1^st, 2^nd and 4^th October