The Appeals Body, Ms. Susan Ahern, B.L., (Chair), Mr. Nicholas Wachman and Mr. John Murphy, convened at the Offices of the IHRB on Wednesday 16^th August 2023 to consider the appeal of Mr. James Browne, owner of Most Wanted, against the decision of the Raceday Stewards at Killarney on 18^th July 2023.   

The grounds of appeal lodged by Mr. Browne was that the Raceday Stewards erred in their decision to call the Winner All Right following the running of the William Hill Ireland Maiden as it was his belief that interference had been caused. 

At the Appeal Hearing, evidence was heard from Mr. Ben Browne, on behalf of Mr. James Browne.

In his evidence Mr. Browne explained that the owner had been unable to lodge an objection prior to the Winner All Right being called  on the day, due to not having had access to all camera footage and not having been in attendance on the day to see the race. Mr. Browne stated his belief that Most Wanted had been struck by the whip of Leigh Roche, rider of Coolree, which cost Most Wanted significant ground and momentum and ultimately cost Most Wanted the race and that as such the Winner All Right should not have been called.

Having considered the evidence, Ms. Ahern read out the following decision on behalf of the Appeals Body.

“This matter has come as an appeal of The Winner All Right being called by the Raceday Stewards following the William Hill Ireland Maiden on 18^th July 2023 in Killarney. As a preliminary matter, an issue was raised by the IHRB and supported by the notice party that the scope of the Appeals Body was limited to consideration of the Winner All Right decision and could not go further. The view of the appellant was that the Rules did not limit the scope of the Appeal. The Appeal Body considered the rules and in relation to Rule 262(iv), an objection to the Raceday Stewards is subject to time limits. However, in special circumstances where the Raceday Stewards are satisfied it could not have been made within in this time an exception can be made. The Appeals Body considers that there are special circumstances here in light of the following facts:

• Browne was not aware of the incident until his further studies of the race.
• In circumstances where neither the jockey or the trainer reported under Rule 213(ii) and/or Rule 213(iii) any matter which had or could have had a bearing on the running of the horse.
• The notification of the objection was submitted to the IHRB within 48 hours which the Panel considers to be within the bounds of Rule 213(iii) which requires such objections to be made as soon as possible.

In accordance with Rule 19.C.4(i), the Appeals Body has the power to determine an appeal against the Raceday Stewards. In exercising this power, we consider that the matter is:

• The Raceday Stewards decision to call the Winner All Right, was made in the absence of any objection or report.
• The Owner, Mr. Browne, was not in a position to object until his review of the race and did so within 48 hours. Therefore, the Raceday Stewards made their decision at the time of the race in the absence of information which has now become available.

Having considered all of these points, the Appeals Body notes that we have the authority under Rule 19.C.4(i) to hear appeals against decisions of the Raceday Stewards. The decision of the Raceday Stewards was made in the absence of information, therefore the Appeal Body determines the following:

• Under Rule 256 the panel has the jurisdiction to make this decision.
• The appeal has merit on the basis of the special circumstances under Rule 262(iv) and therefore the Raceday Stewards decision to declare the Winner All Right is therefore reversed.
• The appropriate next step is to remit consideration of the Winner All Right decision to a Referrals Committee to consider the race.
• Browne’s appeal deposit should be refunded.

The appeal was presented by Mr. Ben Browne, on behalf of Mr. James Browne. Mr. Jennifer Lynch, owner of Coolree was represented by Mr. Patrick Kennedy, solicitor, of Patrick J. O’Meara Solicitors, Thurles, County Tipperary. The IHRB was represented by Ms. Clíodhna Guy, IHRB Head of Licensing, Legal and Compliance