Brian Hayes (Rider), Michael Bowe (Trainer) – Appeals - Killarney 15th July 2019

The Appeals Body, (Division Two), Mr. Donal H. Gavin, (in the chair), Mr. Tom McDonogh and Mr. P.J.A. O’Connor met in the Stewards Room at Galway Racecourse on Monday, 29th July 2019 to consider the appeals of Mr. Brian Hayes (Rider) and Mr. Michael Bowe (Trainer) against the decision of the Stewards at Killarney on 15th July 2019.

On the day, following the running of the Killarney Avenue Hotel Handicap Steeplechase, the Stewards were of the opinion that Mr. Hayes was in breach of Rule 214, in that he had ridden dangerously and as a result suspended him for 14 racedays and ordered that he forfeit his riding fee. As a consequence of this finding, they disqualified Rock Road from third place.

The general grounds of appeal were that the stewards erred in their decision.

The Appeals Body reviewed the footage of the race and heard submissions from Mr. Hayes, Shane Mulcahy (Rider), Mr. Bowe and Mr. Yogi Breisner (Equestrian Coach).

In his evidence Mr. Hayes outlined that he had jumped the third last fence one horse off the rail and then tried to manoeuvre to get his mount back into a position where he would be one horse off the rail at the second last fence. He added that his mount began to get very tired at this stage also. As he approached the second last fence his mount cocked his jaw and attempted to run out despite his best efforts to correct him. Mr Hayes suggested that his mount’s actions and not his riding had forced Mister Butler to jink and unseat his jockey.

Mr. Mulcahy described his familiarity with Mister Butler having ridden him in 14 races and also being his regular rider at home. He stated that Mister Butler isn’t straightforward and described the characteristics of the horse to the Appeals Body.

While watching various different angles of the race and the incident, Mr. Breisner outlined his opinion of what had occurred during the race. He felt that Mr. Hayes could not have done much more to prevent the incident from occurring as he felt that the horse had clearly cocked his jaw.

Mr. Bowe described Rock Road as a very honest horse that he rides out himself every morning and stated that this incident had caught him completely by surprise. He added the horse had never threatened anything of a similar nature before.

Having viewed a recording of the incident and considered the submissions the Appeals Body determined that they could not be satisfied that Mr. Hayes had ridden dangerously and allowed his appeal in respect of the dangerous riding finding by the Stewards. They were however, of the opinion that Mr. Hayes had ridden carelessly and having considered his record in this regard suspended him for two race days. They also ordered that Mr. Hayes and Mr. Bowe would have their deposits refunded.

As a consequence of the findings, the Appeals Body ordered that Rock Road be reinstated to third place.

The amended result now reads:

First:     Island Master

Second:Invincible Don

Third:    Rock Road

Fourth:  Motcomb Street

Fifth:     Fairymount Boy

Sixth:     Winter Magic

Mr. Hayes was represented by Patrick Kennedy of Patrick J. O'Meara & Co. Solicitors, Liberty Square, Thurles, Co Tipperary.

The case was presented by Cliodhna Guy, Solicitor, Head of Licensing, Legal and Liam Walsh, Stewards Secretary.