The Referrals Committee, Sean Barry (in the Chair), Philip Caffrey and N.B. Wachman met at the Turf Club, Curragh, Co Kildare on Tuesday, 3rd February 2015 to consider the referral of Gary Carroll, rider, by Denis Egan, Chief Executive of the Turf Club, as a result of Gary Carroll apparently giving misleading information regarding his availability to attend his appeal. On 21st January 2015, Mr Carroll informed the Turf Club that he would be unavailable to attend his appeal from 24th to 31st January 2015 as he would be away. As a result his appeal was deferred until today. However Mr Carroll was not away for the dates indicated and rode in Dundalk on 30th January 2015 which was originally the first date of his suspension.
Evidence was heard from Denis Egan and Gary Carroll.
In his evidence Denis Egan outlined the background to the scheduling of Gary Carroll’s appeal. He said that there were originally plans to hold the appeal hearing on 23rd January 2015 but this was not possible due to circumstances outside of Mr Carroll’s control. Mr Carroll had informed the Turf Club that he would be away on holidays from 24th to 31st January. However he had discovered that Mr Carroll had ridden at Dunalk on 30th January. He said that Mr Carroll should have made the Turf Club aware of his change of plans, so as the appeal could be heard before the suspension was due to commence.
In his evidence, Gary Carroll accepted that he told the Turf Club he would be away from 24th to 31st January. He said he had received a call from his agent Kevin O’Ryan on Tuesday last to return home to ride at Dundalk last Friday night as he had seven booked rides. He said he didn’t want to come home but was persuaded to do so. As a result he had to book new flights so as to arrive home on Thursday night. He submitted details of his original flight tickets as well as the tickets for the revised booking to the Committee. He said he did not contact the Turf Club to say he was coming home early as he was aware that the appeal had already been scheduled for today. He said he never intended to mislead the Turf Club.
Having considered the evidence, the Referrals Committee found that due to exceptional circumstances, no further action would be taken. However, they informed Gary Carroll that he should have contacted the Turf Club to inform them that his arrangements had changed.
The case was presented by Paul Murtagh, Stipendiary Steward. Gary Carroll was represented Frank Ward, Frak Ward & Co Solicitors, Dubin 7. Patrick Reidy, Reidy Stafford & Co Solicitors, Newbridge, Co Kildare acted as legal assessor.