The Appeals Body (Division Two), John Moloney (in the Chair), Michael Doyle and Peter N. Reynolds met at the Turf Club, The Curragh, Co. Kildare on 2nd March 2012 to consider an appeal from A.E. Lynch, rider of Mister First (FR), against the decision of the Stewards at Naas on 11th February 2012, when following the running of the Panoramic Restaurant at Naas Handicap Steeplechase, he was found in breach of Regulation  R10 2(c) and suspended for one race day for using his whip unnecessarily when his race was clearly won.

The grounds of appeal lodged by Coonan Cawley Solicitors on behalf of A.E. Lynch were that “our client did not breach the Regulations but rather sought to ensure that his horse, who was in front when he used his stick, would continue to race and maintain its winning position.”

Evidence was heard from A.E. Lynch and Robert Alan Hennessy, trainer Mister First (FR). Recordings of the race were also viewed, as were recordings of the horse’s two previous runs at Limerick on 25th January and Down Royal on 1st February.

In his evidence, A.E. Lynch said that he had ridden the horse twice before at Limerick and Down Royal.  He said the horse travelled well on both occasions but did not find as much as he thought he would find when pressure was applied. He said that at Naas the horse got to the front too soon and when he glanced under his arm after the last fence, he saw another horse but didn’t realise the horse was riderless.  As a result he kept the pressure applied as he didn’t want his horse to stop underneath him as he had done before.  He said he didn’t realise that the horse behind him was a loose horse until he pulled up.  In conclusion, A.E. Lynch accepted that the final hit was probably unnecessary.

In his evidence Robert Alan Hennessy said that Mister First (FR) was moderate over hurdles but was a good jumper of a fence.  He said he was happy with the ride and that the horse was fine after the race.

Having considered the evidence the Appeals Body dismissed the appeal and confirmed the penalty of a one race day suspension (March 7th).  In arriving at their decision, the Appeals Body took into account the fact that A.E. Lynch was an experienced rider and that the horse won by 14 length.  In addition they ordered that the appeal deposit be forfeited as a contribution against costs.

The case was presented to the Appeals Body by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.  A.E. Lynch was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.