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Arthur Moore Appeal - Killarney 15th July 2013

Arthur Moore Appeal

Killarney 15th July 2013

The Appeals Body (Division two) N.B. Wachman (in the chair), John McStay and Sean Barry met at the Turf Club, Curragh, Co Kildare on Thursday 25th July 2013 to consider the appeal of Arthur Moore, trainer of Positive Vibes (GB), against the decision of the Stewards at Killarney on 15th July 2013 to demote his horse from first place to second place following the running of the International Hotel Killarney Apprentice Handicap. Positive Vibes (GB) was demoted as the Stewards were satisfied that he had caused interference to Shalaman and in doing so had improved his finishing position in relation to that horse.

The grounds of appeal lodged by Arthur Moore were that in his opinion the Stewards “erred in their decision.”

Evidence was heard from Ronan Whelan, rider of Positive Vibes (GB), Leigh Roche, rider of Shalaman, and Conor Hoban, rider of Castle Guest.  The Committee also considered submissions from Arthur Moore, Denis Hogan, trainer of Shalaman, and Dave Keena, Authorised Riders Agent for Ronan Whelan.

Film of the race was also reviewed.

In his evidence Ronan Whelan (rider of Positive Vibes (GB)) said that at no stage was he aware of Shalaman’s whereabouts and that Leigh Roche did not shout.  He said that Positive Vibes (GB) may have edged left slightly at the bend in line with the contours of the track which was why he switched his whip to his left hand.  He said he only rode the horse hands and heels in the last 50 yards as he felt he had done enough to win and said that if he had been more rigorous Positive Vibes (GB) would have won by more.  He said that there was no contact made between the horses and that he was only aware of Shalaman as he went by the winning post.

In his evidence Leigh Roche (rider of Shalaman) said that there was a gap between Positive Vibes (GB) and Castle Guest about 150 yards from the finish, but that as he went for that gap, it closed.  This resulted in him having to stop riding with the result that he lost momentum.  In addition he felt his horse stumble slightly. He said it took the horse a further 50 yards to get going again and that there was little time for him to use his stick.  Leigh Roche concluded by saying he suffered further interference on the run to the line as he was carried right.  He said he would have won with a clear run and that he did not shout at Ronan Whelan initially because there was a gap.  He also said that he eased up slightly on his horse in the last 50 yards in a similar way to Ronan Whelan.

In his evidence Conor Hoban said he was not aware of the interference and that he was one off the rail the whole way around.  He said he did not cause any interference and if he drifted slightly, it was as a result of riding the contours of the bend.

In his submission Arthur Moore said that Shalaman was more than a length behind Positive Vibes (GB) when the initial interference occurred.  He said that Leigh Roche did not stop riding on Shalaman in the latter parts of the race but that Ronan Whelan eased down in the last 50 yards.  He also referred to the racing line that Shalaman took and said the horse did not keep a straight course and that there was no gap between Positive Vibes (GB) and Castle Guest when Shalaman arrived to go through the gap.

In his submission Dave Keena said there was no contact between the two horses and that any contact in the last 50 yards was minimal. He agreed with Arthur Moore that Ronan Whelan was not vigorous in the latter stages of the race.

In his evidence Denis Hogan outlined the instructions given to Leigh Roche.  He said Leigh Roche went for a gap but when he got there it closed with the result that his mount stumbled and it cost him at least a length.  He also said that Shalaman was carried right as they approached the finishing line and that he got interfered with three times in the last furlong.  He also referred to the momentum lost by Shalaman as a result of the interference and noted that he was only beaten by a head.

Having considered the evidence the Appeals Body found that there was interference between Positive Vibes (GB) and Shalaman and that this was caused by Positive Vibes (GB) drifting across and taking Shalaman’s ground.  They found that the interference cost Shalaman more ground than he was beaten by and were satisfied that Positive Vibes (GB) had improved his placing in relation to Shalaman.  The appeal was therefore dismissed.

The Appeals Body felt that there was merit to Arthur Moore’s appeal and ordered that his appeal deposit be refunded.

The case was presented by Conal Boyce, solicitor, Naas, Co. Kildare.

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