C.D. Hayes Appeal – Naas, 21st April 2012

The Appeals Body (Division Two), Judge Tony Hunt (in the Chair), Martin P. O’Donnell and J.R. Craigie met at the Turf Club, The Curragh, Co. Kildare on 30th April 2012 to consider an appeal from C.D. Hayes, rider, against the severity of the ban imposed by the Stewards at Naas on 21st April 2012 when following the running of the goracingatnaasracecourse.com Maiden he was suspended for two race days for careless riding.

Evidence was heard from C.D. Hayes and from Dave Keena, Authorised Riders Agent for C.D. Hayes.  Recordings of the race were also viewed.

In his evidence, C.D. Hayes accepted that he was guilty of careless riding and that he should have pulled his whip through sooner to take corrective action to avoid causing the interference.  He said that while interference occurred, evidence given by W.M. Lordan, rider of Atacx, at the original enquiry indicated that he was never in danger of clipping heels (as a result of C.D. Hayes’s horse drifting left) and that he hadn’t got the horse to go through the gap.  C.D. Hayes said the interference occurred when he pulled the reins to get a fresh hold with the result that his horse drifted left.  He also felt that his horse was tiring on the ground which also contributed to the drift.  In response to a question from the Appeals Body, C.D. Hayes denied that it was a deliberate manoeuvre to go left.

In his evidence Dave Keena said that C.D. Hayes immediately tried to correct the drift once his filly went left.  He referred to C.D Hayes’s disciplinary record and penalties issued for similar offences to other riders.  He also said that the Appeals Body has the option of imposing a fine rather than a suspension.

Having considered the evidence the Appeals Body dismissed the appeal and ordered that the suspension of two race days (May 6th and 7th) stand.  In arriving at their decision, the Appeals Body took into account what could have happened as a result of the drift and the implications for safety.  They also ordered that C.D. Hayes make a contribution of €250 towards the Turf Club’s costs.

The case was presented by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.