Edward Cawley (Trainer) Appeal – Punchestown, 13th June 2018
The Appeals Body (Division 2), N.B. Wachman (in the chair), Laurence McFerran and John Murphy met at the Offices of the Irish Horseracing Regulatory Board (IHRB) on Monday, 9th July 2018 to consider the Appeal of Edward Cawley (Trainer) against the decision of the Stewards at Punchestown on 13th June, 2018.
On the day, following the running of the Bet IN-Play Ladbrokes App Beginners Steeplechase, the Stewards enquired into the running and riding of Fruits Of Glory, ridden by C.D. Timmons and trained by Edward Cawley. Having viewed a recording of the race and considered the evidence, the Stewards were of the opinion that both C.D. Timmons and Edward Cawley were in breach of Rule 212A(ii). As a result, they suspended C.D. Timmons for 10 racedays and ordered that he forfeit his riding fee; they fined Edward Cawley €3,000 and suspended Fruits Of Glory for 60 days. They also found C.D. Timmons in breach of Rule 213 for failing to report at first instance, something that may have affected the performance of his horse in the race and suspended him for a further two racedays.
The grounds of appeal lodged by Edward Cawley were that the Stewards erred in their decision and in the sanctions imposed on him and his horse. C.D. Timmons did not appeal either penalty.
Evidence was heard from Edward Cawley and C.D. Timmons and submissions were made by Eugene Gleeson S.C. and Cliodhna Guy. The Appeals Body also considered a transcript of the evidence given at the original enquiry and viewed a recording of the race in addition to viewing a recording of the horse’s previous run over fences at Kilbeggan on 8th September 2018.
In his initial submission, Eugene Gleeson S.C. said that Edward Cawley’s primary interest was the welfare of Fruits Of Glory and when he gave instructions to C.D. Timmons to ride the horse the way he did he was acting in the best interests of the horse. He referred to the horse’s characteristics and said that he is ridden out alone at home and that when he gets into company he pulls and chokes.
In his evidence, Edward Cawley referred to Fruits Of Glory’s record. He said he was a 9-Y-O gelding that was tricky to train. He had a poor race history and eventually won a “bad” maiden hurdle at Clonmel after 11 runs. He said he had a number of placed efforts in low grade races. The run at Punchestown was his second run over fences and he was delighted with the way the horse ran and how he jumped and settled. He confirmed that the horse panics if he gets into the middle of horses and that he makes a noise in these circumstances.
Mr. Cawley referred to the horse’s previous run over fences at Kilbeggan where he fell and took some time to recover from the fall. He said the horse did not settle in the race and made a bad noise and that this had a bearing on the instructions that he gave for the Punchestown race.
Mr. Cawley said the instructions given to C.D. Timmons were to get the horse settled and jumping and ride the race from there, creep along and do your best. He said he was happy with the way the instructions were followed and described Fruits Of Glory as a “bridle horse”. He felt that the horse had little to give in the latter stages of the race. He also said that the horse loses concentration when he goes beside other horses.
In his evidence, C.D. Timmons said that he was familiar with the horse and that he had ridden him on over 10 occasions. He confirmed the instructions as outlined by Edward Cawley. He referred to the race and described the gallop as “ferocious”. He said that Fruits Of Glory suffered breathing problems just after the turn into the straight which was why he was easy on him on the run to the second last. He felt if he rode him harder that the horse would have fallen. He reiterated Mr. Cawley’s comments with regard to the horse losing concentration if he is in company and choking.
In response to questions from Michael Daly, Mr. Timmons said that Fruits Of Glory had only stayed on behind beaten horses and had made a mistake at the last fence. He also said it was difficult to pull up the horse after he made a noise as he would fight you.
Having considered the evidence, the Appeals Body dismissed the appeal. In arriving at their decision, they noted that the decision of the stewards at Punchestown was based on the evidence available. They noted that they had further evidence available that the stewards didn’t have but despite this they could find no error in the original decision. They reaffirmed the original penalties of a fine of €3,000 on Edward Cawley and the suspension of 60 days on Fruits Of Glory.
The case was presented by Cliodhna Guy, Head of Licensing, Legal and Compliance and Michael Daly, Stewards Secretary. Edward Cawley was represented by Eugene Gleeson S.C. Barry Collins, Solicitor, acted as legal assessor.