A.E. Lynch Appeal – Cork, 16th October 2011

The Appeals Body (Division One), Pat Reidy (in the Chair), P.J.A. O’Connor and Mrs. J.O. Onions met at the Turf Club, The Curragh, Co. Kildare on 27th October 2011 to consider an appeal from A.E. Lynch, rider of On The Button, against the decision of the Stewards at Cork on 16th October 2011, when following the running of the Christmas Party Raceday December 11th Handicap Hurdle, he was suspended for seven race days for using his whip unnecessarily when his chance of being placed had clearly gone.

The grounds of appeal lodged by Coonan Cawley Solicitors on behalf of A.E. Lynch were that “our client wishes to appeal the decision of the local stewards on the specific grounds that when using his whip he was unable to accurately ascertain whether or not his horse was out of contention at that time and furthermore that the imposition of a seven day ban in respect of this alleged offence, was excessive bearing in mind his previous race riding record.”

Evidence was heard from A.E. Lynch and T.V. O’Brien, trainer of On The Button.  Videos of the race were also viewed.

In his evidence, A.E. Lynch said his instructions were to try and finish as close as possible as the trainer had indicated to him prior to the race that he would not be continuing with the horse unless she showed some ability.  He said that he gave the horse a strong ride but that he had miscalculated the number of horses that were in front of him after the second last, with the result he thought he had a chance of being in the first five which he now accepted wasn’t the case.  He said that the horse wasn’t marked (a fact that was confirmed by T.V. O’Brien) and the horse kept responding to pressure.  He also said that when he jumped the second last that he wasn’t aware that the last hurdle was being bypassed.

In his evidence, T.V. O’Brien confirmed the instructions given to A.E. Lynch and the reason for his instructions.  He said that he accepted that the horse’s chance of being placed was gone in the latter stages of the race.

Having considered the evidence, the Appeals Body found that A.E. Lynch was in breach of Regulation R10 Part 2(b).  Submissions were then made on his behalf by Andrew Coonan who referred to his disciplinary record and who also gave details of penalties issued for similar offences in 2011.  He said that the penalty imposed on his client was high in comparison to these.  The Appeals Body, having taken these submissions into account, reduced the penalty from seven race days to four race days.  They also ordered that his deposit be forfeited and that he make a contribution of €750 to Turf Club costs.  As a result A.E. Lynch is now suspended on 30th, 31st October, 3rd and 4th November.

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