The Appeals Body (Division Two) Mr. N. B. Wachman (in the chair), Mr. Robert Dore and Mr. Anthony Byrne convened at the Stewards Room, Curragh Racecourse, Co. Kildare on Sunday 15th September 2019 to consider the Appeal of C.D. Hayes, (Rider) against the decision of the Referrals Committee on 2nd September 2019.
At the Referral Hearing on 2nd September 2019, the Referrals Committee enquired into whether Mr. Hayes, rider of Helvic Dream, was in breach of any rules as a result of his referral by the Stewards at Roscommon following the running of the Foran Equine Irish EBF Auction Race. Having considered the evidence and viewed a recording of the race the Referrals Committee found Mr. Hayes to be in breach of Regulation 10.3(h) in that he had used his whip with his arm above shoulder height and having considered his record in this regard they imposed a suspension of six days.
The grounds of Appeal lodged by C.D. Hayes was that the Referrals Committee erred in their decision to find him in breach of Regulation 10.3(h).
Evidence was heard from C.D. Hayes, Hugh Ryan (Architect) and Warren O’Connor (Jockey Coach). The Appeals Body also viewed a recording of the race and visually enhanced photographic evidence.
In his evidence Mr. Hayes stated that he did not believe he used his whip above shoulder height. He added that his mount was having only his third start, raced greenly and as a result he used his whip as a corrective measure as he was conscious of horses on his inside. Mr. Hayes explained that while his whip use may have appeared that it was above shoulder height; this was because his body was tilted.
In his evidence, Mr. Ryan went through the visually enhanced photographic evidence that had been provided and gave an analysis of Mr. Hayes’s body angles during the whip use. He suggested that if you used Mr. Hayes’s shoulders as a reference point it created a plane and based on that plane, his whip use was not over shoulder height.
In his evidence, Mr. O’Connor outlined his work as a Jockey Coach and suggested, in his opinion, that Mr. Hayes had not used his whip above shoulder height and explained why.
Having considered the evidence, the Appeals Body found that this was a borderline case and on the balance of probabilities they were unable to find Mr. Hayes in breach of Regulation 10.3(h) and therefore allowed the appeal.
The case was presented by Michael O’Donoghue, Stipendiary Steward. Mr. Hayes was represented by Patrick Kennedy of Patrick J. O'Meara & Co. Solicitors, Liberty Square, Thurles, Co Tipperary.