The Appeals Body (Division Two), N. B. Wachman (in the Chair), C.P. Magnier and Sean Barry met at the Turf Club, The Curragh, Co. Kildare, on Wednesday, 23rd March, 2016, to consider the appeal of Ian McCarthy, rider of Follow The Sign, pulled up, against the decision of the Acting Stewards at Limerick on 13th March 2016, following the running of the Charleville Cheese Beginners Steeplechase. On that day the Stewards found Ian McCarthy to be in breach of Rule 272 in that he failed to pull up his mount at an earlier stage in the race. As a consequence the Stewards suspended him from riding for three race days.

The appeal was lodged on the severity of the penalty imposed and on the basis that he did not act at any stage during the race in a manner prejudicial to the integrity, proper conduct or good reputation of horse racing.

Evidence was heard from Ian McCarthy, rider. Film of the race was also viewed.

In his evidence Ian McCarthy stated that ground conditions on the day were extremely testing and he had set the pace from flag fall until late in the back straight when his mount began to tire. He said his horse made a mistake at the third last and from thereon he nursed him over the next two furlongs. He said he presented the animal to jump the second last fence, which he refused. He accepted that, in hindsight, he should not have done so.

The Committee noted the animal was examined post-race. The Veterinary evidence reported the animal to be post-race normal on laryngeal and trachea endoscopic examination and did not appear to be distressed. Having considered the evidence and viewed the film of the race the Committee adjudged that Ian McCarthy was in breach of Rule 272. However, the panel reduced the suspension from three days to two and refunded the rider’s deposit.

The case on behalf of the Turf Club and I.N.H.S. Committee was presented by Patrick Kennedy of Patrick J. O’Meara & Co. Solicitors, Thurles. Andrew Coonan of Coonan Cawley Solicitors, Naas, represented Ian McCarthy. Patrick J. Reidy of Reidy Stafford Solicitors acted as legal assessor to all parties.