Colin Bowe Appeal – Punchestown, 18th May 2011

The Appeals Body (Division Two), J.R. Craigie (in the Chair), Michael Doyle and Sean Barry met at the Turf Club on 2nd June 2011 to consider the appeal of Colin Bowe, trainer, against the decision of the Stewards at Punchestown on 18th May 2011 when, following the running of the Motivatechallenge.com Handicap Hurdle, he was fined €3,000 for a breach of Rule 213.

The grounds of appeal lodged were that the Stewards made an error in imposing a fine as under Rule 213 the matter should have been referred to the Referrals Committee.

Evidence was heard from Colin Bowe who accepted that he had failed to report under the provisions of Rule 213.  However, he stated that the matter should have been referred to the Referrals Committee rather than being dealt with by the Stewards at Punchestown.

The Appeals Body considered two legal submissions.  Conal Boyce, on behalf of the Turf Club, stated that the Stewards had the power to deal with the matter under the provisions of Rule 13 and 14 and that there was no obligation under Rule 213 to refer the matter to the Referrals Committee.

Patrick Reidy, Legal Assessor, said that in his view the matter had to be referred rather than being dealt with on the day.  He also said that if there was any ambiguity in the rule that it should be constructed as narrowly as possible.  He said that his advice to the Appeals Body is that the appeal should be allowed on the grounds that the decision of the Stewards at Punchestown was “ultra vires”.

Having considered the evidence and the two submissions, the Appeals Body allowed the appeal.

The case was presented by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.  Pat Reidy, Solicitor, of Reidy Stafford Solicitors, Newbridge, Co. Kildare acted as Legal Assessor.