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Donal Kinsella Appeal Hearing

Donal Kinsella / Academic Accolade (GB) Appeal
Tramore – 13th August 2010

The Appeals Body (Division Two), N.B. Wachman (in the Chair), Mrs. J.O. Onions and Martin P. O’Donnell met at the Turf Club on 16th May 2011 to consider the appeal of Donal Kinsella owner/trainer of Academic Accolade (GB) against the decision of the Stewards at Tramore on 13th August 2010 when, following the running of the Fitzgerald Life and Pensions Handicap they demoted Academic Accolade (GB) which originally dead heated for third with Red Key to fourth place for causing interference to Red Key and improving his placing by so doing.

The grounds of appeal were that Academic Accolade did not offend and held a straight line through the latter part of the race, not withstanding that he was leaned upon and bumped by other contenders.

Evidence was heard from B.J. Cooper, rider Dusty Trail (winner), W.M. Lordan, rider Riverscape and Donal Kinsella owner/trainer Academic Accolade.  Videos of the race were also viewed.

In his evidence, B.J. Cooper said that he came up the outside and while he brushed off Riverscape, any interference caused was minimal.

W.M. Lordan said that he did make contact with Red Key (ridden by Shane Gorey) a few strides before the line but that the interference was not significant.

Donal Kinsella said that he felt his horse did not deviate from a straight line and that he should not have been demoted.  In his view his horse was the only horse that didn’t cause interference in the last furlong.

Having considered the evidence the Appeals Body felt that Academic Accolade had not improved his position as a result of any interference caused and order that the original finishing placings stand.

First:  Dusty Trail
Second: Riverscape
Third:  Dead Heat –  Red Key
    Academic Accolade

In arriving at their decision the Appeals Body noted that all parties were happy to go ahead with the appeal without P.B. Beggy, rider Academic Accolade and S.M. Gorey, rider Red Key being present.  They further noted that both riders had been contacted in advance of the hearing and that both had agreed to attend.  They referred their non attendance to the Referrals Committee.

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

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