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C.D. Hayes (Rider) Appeal – Naas, 30th September 2018

The Appeals Body (Division 2), Mr. Nicholas Wachman (in the chair), Mr. John Murphy and Mr. Robert Dore met at the Offices of the Irish Horseracing Regulatory Board (IHRB) on Thursday 11th October, 2018 to consider the Appeal of C.D. Hayes (Rider) against the decision of the Stewards at Naas on 30th September, 2018.

On the day, following the running of the Foran Equine Irish EBF Auction Race, the Stewards interviewed Mr. Hayes, rider of Cedars of Lebanon concerning his use of the whip in the latter stages of the race. Evidence was heard from Mr. Hayes and from the IHRB Chief Veterinary Officer Dr. Lynn Hillyer, MRCVS. Having viewed a recording of the race and considered the evidence including a photo of the horse taken 35 minutes post-race the Stewards found the rider in breach of Reg. 10.3(f) by using his whip with excessive force and having taken his previous record into account suspended him for two race days.

The grounds of Appeal lodged by Mr. Hayes were that he did not use his whip in contravention of the Regulations. Also, taking into account the circumstances of the race his use of the whip was appropriate and a suspension of two days was excessive.

Evidence was heard from Mr. Hayes and Dr. Lynn Hillyer, Chief Veterinary Officer/Head of Anti-Doping. The Appeals Body also considered a transcript of the original evidence, a recording of the race, the photograph considered by the Stewards on the day and a video of the horse submitted on behalf of Mr. Hayes taken later on the 30th September 2018.

Dr. Hillyer outlined the circumstances leading to the report being made to the Stewards.

In his evidence, Mr. Hayes said that he did not change his usual riding style when riding the horse. He noted that he had issues with the whip earlier in his career however had addressed those and his record in recent years reflected that. He noted that the horse was temperamental and he would not use the whip strongly on her as she would be likely to pull up. He concluded by stating that he did not feel he used his whip with excessive force.

Having considered the evidence, the Appeals Body said that they could find no error in the manner the Stewards had arrived at their decision and they dismissed the appeal, finding Mr Hayes in breach of Regulation 10 3 (f) in that he used his whip with excessive force. They confirmed the sanction of 2 racedays (October 14th and 15th) stating that they were satisfied that the Stewards had considered Mr. Hayes’ good record in this regard in determining the sanction and they saw no reason to amend  this. They also ordered that his appeal deposit be forfeited.

Mr. Hayes was represented by Mr. Andrew Coonan of Coonan Cawley Solicitors, Wolfe Tone House, Naas Town Centre, Naas, Co. Kildare.

The case was presented by Paul Murtagh, Head of Raceday Operations.

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