The Appeals Body (Division 2), Peter N. Reynolds (in the Chair), C.P. Magnier and John Murphy met at the Stewards Room, Dundalk Racecourse, Co. Louth on Friday, 3rd February 2017 to consider the appeal of J.J. Slevin, Rider, against the decision of the Stewards at Fairyhouse on 15th January 2017. On the day he was suspended for three racedays and ordered to attend RACE for one days tuition as a result of being found in breach of Regulation R10 3(g), as the Stewards deemed that he had used his whip with his arm above shoulder height in the closing stages of The Madden Raparees GAA Fundraising Day Handicap Hurdle.

His grounds of appeal were that he was not in breach of the whip law.

Evidence was heard from J.J. Slevin and Joseph O’Brien (J.J. Slevin’s employer).

In his evidence J.J. Slevin said he did not feel he was in breach of the Rule. He agreed that he accepted on the day that he was in breach but said that when he went home and looked at the race again he thought he was hard done by the decision reached.

Mr. Slevin highlighted other riders in the race whom he felt were also in breach of the Rule but were not punished. He also said that he accepted that he had a problem in the past with his whip use and that he was working hard at home on the simulator to improve his style.

In his submission, Joseph O’Brien said that he did not believe that J.J. Slevin was in breach of the Rule and if he was, there were other riders who rode in a similar way who should also have been found to be in breach.

The Appeals Body also viewed a video of the race.

Having considered the evidence, the Appeals Body dismissed the appeal and ordered that the original ban of three racedays remain in place and that he also attend RACE for one days tuition on the correct use of the whip. In accordance with the provisions of Rule 260 (a) the Appeals Body ordered that he be suspended for February 9th, 11th and 16th. They also ordered that he forfeit his appeal deposit.

The case was presented by Paul Murtagh, Stewards Secretary. J.J. Slevin was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co Kildare.