The Appeals Body (Division 2) Mr. Justice Raymond Groarke (in the chair), Mr. Con O’Mahony and Dr. Tom McDonogh convened at Galway Racecourse on Wednesday 27th July 2022 to consider the appeal of Conor Maxwell (Rider) and Dermot McLoughlin (Trainer) against the decision of the Stewards at Kilbeggan on 15th July 2022.
On the day, following the running of the Follow Kilbeggan on Facebook Handicap Chase, the Stewards enquired into possible interference in the closing stages of the race and were of the opinion that The Great White, placed first, ridden by Mr. Maxwell, had caused interference to Krujers Girl, placed second, ridden by Conor Orr and as a result of this interference had improved its finishing position. As a consequence, the Stewards reversed the placings of the first two horses and amended the result. Furthermore, the Stewards were of the opinion that Mr. Maxwell was in breach of Rule 214 in that he had ridden carelessly, and having considered his record in this regard they suspended him for one race day.
The grounds of appeal lodged by Mr. Maxwell and Mr. McLoughlin was that the Stewards on the day erred in their decision.
At the Appeal Hearing, evidence was heard from Mr. Maxwell, Mr. Orr, Mr. Richard Deegan (Rider) Mr. McLoughlin, Mr. Warren O’Connor (Jockey Coach) and Mr. Thomas Coyle (Trainer). The committee also watched a recording of the race.
In his evidence, Mr. Maxwell stated that his mount got a bump from behind which turned his horse into the horses on his inside and that he was doing his best to keep his mount straight and balanced at all times. He also added that the last fence had been bypassed due to low-lying sun and that visibility was limited as a result but that he didn’t feel his horse had caused intimidation to those on his inside and that any possible interference may have been caused by Dontdooddson, ridden by Mr. Deegan. Mr. Maxwell also said that he didn’t feel that Mr. Orr had to stop riding his mount at any time.
In his evidence, Mr. Orr said that on the approach to the last fence both his mount, Krujers Girl and Mr. Deegan’s mount Dontdooddson were both on Mr. Maxwell’s inside and when they bypassed the fence and got back to the rail that Mr. Maxwell was on the outside but kept straight and where there had been a gap prior to the fence, this was not the case and there was no room for the two horses on the inside. Mr. Orr accepted that he never had to stop riding but stated that he wasn’t able to ride at his strongest from the last fence to the finishing line. He added that his mount had felt pressure and got intimidated from the outside.
In his evidence, Mr. Deegan said that he had bypassed the fence allowing enough room for everyone on his outside to come around and looked after the other riders in doing so but that when they came back onto the track he was not allowed to and was close enough to going through the running rail.
In his evidence, Mr. O’Connor reviewed the footage and said that the track had no rail on the inside line where the horses were bypassing so in his opinion Mr. Deegan had come in too far and allowed the other horses to also come in and then there was no room when they returned to the racing line. Mr. O’Connor stated that there was an obligation on riders to mind each other in such an instance.
In his evidence, Mr. Loughlin stated that he felt Mr. Maxwell maintained his racing line at all times and that his horse, The Great White, was entitled to keep the race.
In his evidence, Mr. Coyle said that he felt his horse, Krujers Girl, had been intimidated from the bypassed last fence all the way up the home straight and that the result being amended was the correct decision on the night.
Having considered the evidence, the Appeals Body dismissed the appeal.
The case was presented by Mr. Liam Walsh, Stipendiary Steward. Mr. Maxwell and Mr. McLoughlin were represented by Mr. Patrick Kennedy of Patrick J. O’Meara Solicitors, Thurles, County Tipperary.
Date of Suspension for Mr. Maxwell: 30th July