D.M.Christie, R. W. McLean / “Out Of The Shade” Appeal
Fermanagh (H) Point to Point 14th May, 2011.

The Appeals Body, (Division Two), J. R. Craigie (in the chair), Sean Barry and Michael Doyle met in the Turf Club on 2nd June 2011 to consider the appeal of D.M. Christie, Handler, representing R. W. McLean, Owner of “Out Of The Shade”, against the decision of the Stewards at Fermanagh (H) on 14th May, 2011, when, following the running of the 7 year old and upwards geldings maiden (Division 2), the placing of “Out Of The Shade” who had originally finished first, was reversed with “Billytheship”, who originally finished second.  In arriving at their decision, the Stewards were satisfied that “Out Of The Shade” had improved his placing in relation to “Billytheship” as a result of causing interference.

The grounds of appeal lodged by D.M. Christie, Handler, on behalf of R. W. McLean, Owner, were:-

• Mr. J.P. Mc Keown made every effort to straighten a very tired horse who had led from the start by switching his whip into his left hand.
• Minimal interference was caused as “Out Of The Shade” breasted the steep incline close to the finishing line and which for a stride caused his head to swing to the left which was immediately corrected by Mr. J.P. McKeown.
• Mr. J.P. Mc Keown did not cause Mr. D. O’Connor, rider of “Billytheship”, placed second, to stop riding due to interference.
• Mr. J.P. Mc Keown did not improve his placing, nor cause Mr. D. O’Connor to lose his position, as “Billytheship” did not get any closer than one length and was tiring, while “Out Of The Shade” was extending his advantage at the finishing line.

Evidence was heard from Mr. J.P. McKeown and D. M. Christie, rider and handler of “Out Of The Shade” and from Mr. D. O’Connor, rider of “Billytheship”.

Having considered the evidence the Appeals Body accepted that interference had taken place close to the finish and that “Out Of The Shade” had taken the ground of “Billytheship”.  However, they were not satisfied that “Out Of The Shade” had improved his placing in relation to “Billytheship” and, as a result, they ordered the original placings should stand thereby reversing the decision of the Stewards at Fermanagh.

The result now reads:

First  : Out Of The Shade
Second  : Billytheship
Third  : Macroger

The case was presented by Conal Boyce, of Wilkinson & Price Solicitors.