C.D. Hayes Appeal – Clonmel, 21st April 2011

The Appeals Body, Division Two, N.B. Wachman (in the Chair), C.E. O’Sullivan and Liam Ward met at the Stewards Room, Curragh Racecourse, Co. Kildare on 2nd May 2011 to consider an appeal from C.D. Hayes, rider, against the decision of the Stewards at Clonmel on 21st April 2011 when, following the running of the Sepam Tipperary Perpetual Cup Handicap, he was suspended for two race days for careless riding. 

The grounds of appeal lodged by his solicitors, Coonan Cawley, were that “in all the circumstances, he did not ride carelessly and any interference caused was a result of general bunching, track layout and ground conditions inter alia”.

Evidence was heard from J.P. Murtagh, rider of Mubrook (USA), P.J. Smullen, rider of Oneeightofamile and C.D. Hayes, rider of Hunting Tower (GB).

In his evidence J.P. Murtagh said that he was not affected by the interference caused and that his horse was beaten at the time.  He also referred to the tightness of the racecourse.

P.J. Smullen said that he had kept his racing line down into the straight.  He felt a gap did appear for a split second.  He confirmed that he received interference from his inside and that Chris Hayes’s horse, who caused the interference, was never actually in front of him. 

C.D. Hayes confirmed P.J. Smullen’s evidence and said that there was a gap when he decided to go for it but he accepted that his horse hadn’t been fast enough to get through it.  He said he misjudged his horse’s pick up.  He also said that he felt the track layout and general bunching contributed to what occurred.

Having considered the evidence, the Appeals Body accepted that interference had taken place and that the interference was caused by misjudgment on the part of C.D. Hayes.  They found that he was guilty of careless riding.  They dismissed his appeal and in view of his poor record ordered that the two race day ban (8th & 9th May) originally imposed by the Stewards at Clonmel remain in place.  They also ordered that he forfeit his appeal deposit.

The case was presented by Denis Egan, Chief Executive of the Turf Club.  C.D. Hayes was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.