J.R. Barry / Patrick J. Flynn Appeals
Wexford – 30th October 2011
The Appeals Body (Division One), Pat Reidy (in the Chair), N.B. Wachman and Mrs. J.O. Onions met at the Turf Club, The Curragh, Co. Kildare on Monday, 5th December 2011, to consider the appeals of J.R. Barry, rider and Patrick J. Flynn, trainer, against the decision of the Stewards at Wexford on 30th October 2011, when following the running of the Casey Concrete Gorey Maiden Hurdle, J.R. Barry was suspended for 7 race days and ordered to forfeit his riding fee, Patrick J. Flynn fined €1,000 and Mister Music Man suspended for 42 race days, as the Stewards were of the opinion that the trainer and rider were in breach of Rule 212.
The grounds of appeal lodged by J.R. Barry were that he was instructed by the trainer to obtain the very best possible place on the horse and bearing in mind inter alia the ground conditions which prevailed and his previous knowledge of the animal, he obtained what he thought was the best possible place. The grounds of appeal lodged by P.J. Flynn were that the horse has been a big disappointment, has not been consistent in his runs and has been lame since his run at Wexford and that he was not in breach of the rule.
Evidence was heard from Patrick .J. Flynn, trainer, J. R. Barry, rider and A. Shaw, National Hunt Handicapper, while recordings of Mister Music Man’s performances over hurdles were reviewed.
Having considered the evidence in relation to Patrick. J. Flynn, the Appeals Body allowed the appeal, ordered the return of his deposit and lifted the suspension of 42 days which was imposed upon Mister Music Man. In relation to J. R. Barry, the Appeals Body found him to be in breach of Rule 212 (a) (i), and therefore confirmed the suspension of seven race days (December 8th, 10th, 11th, 15th, 17th, 18th, 19th), ordered the forfeiture of his deposit, imposed a fine of €250 towards costs and made no further order.
The case was presented by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare. J.R. Barry was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.