Navan, 25th April 2010
The Appeals Body, (Division Two), J.R. Craigie (in the chair), P.J.A. O’Connor and Justice Frank Clarke met in the Turf Club on 20th July 2010 to consider the appeal of Lady O’Reilly and Kevin Prendergast, owner and trainer respectively of Dazzling Day (GB), against the decision of the Stewards at Navan on 25th April 2010 when, following the running of the Irish Stallion Farms European Breeders Fund Salsabil Stakes (Listed Race), the placing of Dazzling Day (GB), who had originally finished second, was reversed with Unity, who had originally finished third after the Stewards had found that Dazzling Day (GB) had improved her placing by causing interference to Unity. The grounds of appeal were that there was no interference and that demotion was unwarranted.
The Appeals Body also considered the appeal of C.D. Hayes against the decision of the Navan Stewards to suspend him from riding for one race day for careless riding arising out of the same incident. His grounds of appeal was that he did not ride carelessly.
Evidence was heard from Lorcan Wyer, Steward at Navan, M.F.O’Donoghue, Stewards Secretary, F.M. Berry, rider Hazarafa, J.P. Murtagh, rider Unity, K. Latham, rider What A Charm and C.D. Hayes, rider Dazzling Day (GB).
Having considered the evidence the Appeals Body was satisfied that interference had taken place around the furlong pole and were satisfied that this was caused by Dazzling Day (GB) drifting left when coming under the whip at that point so as to bump Unity at least once.
Furthermore the Appeals Body was satisfied that as a result of this Dazzling Day (GB) improved her position relative to Unity. Therefore the appeal is dismissed and the decision of the Navan Stewards is upheld.
The Appeals Body was also satisfied that C.D. Hayes rode carelessly in that he failed to take adequate action to ride a straight course. As such his appeal is dismissed and the one day suspension originally imposed stands. The Appeals Body ordered that his suspension be served on Friday 23rd July 2010.
In addition they ordered that both parties make a contribution of €500 (in total) inclusive of the appeal deposits towards Turf Club costs.
The case was presented by Denis Egan, Chief Executive of the Turf Club. Lady O’Reilly, Kevin Prendergast and C.D. Hayes were all represented by Michael O’Neill, Solicitor, Naas, Co. Kildare.