The Appeals Body (Division 1), Justice Nial Fennelly (in the chair), Mr. N.B. Wachman and Mr. Jack Rearden convened at the Offices of the Irish Horseracing Regulatory Board (IHRB), The Curragh, Co. Kildare on 23rd July 2020 to consider the Appeal of L.P. Dempsey (Rider) against the decision of the Stewards at Roscommon on 13th July 2020.
On the day, following the running of the Larry O’Farrelly Memorial Handicap Chase, the Stewards were of the opinion Mr. Dempsey was in breach of Regulation 10.3(g), in that he had used his whip with excessive frequency and suspended him for two racedays.
Evidence was heard from Mr. Dempsey and Mr. Warren O’Connor (Jockey Coach).
In his evidence, Mr. Dempsey stated that his first use of the whip had been in the backhand position and was not very powerful. He added that jumping the last his horse had received a bump, and once he gathered the horse on landing he used the whip in a corrective action to ensure his mount moved forward.
In his evidence, Mr O’Connor stated that, in his opinion, the first strike was only a tap and that Mr. Dempsey had ridden the horse in a positive manner which he endorsed. He noted that the strike following the bump over the jump was corrective and required to ensure the horse moved forward.
Having considered the evidence the Appeals Body could not find fault with the decision of the Stewards on the day as they were also of the opinion that Mr. Dempsey was in breach of Regulation 10.3(g) having used his whip with excessive frequency. Having considered his record and submissions made in mitigation on behalf of the rider, they confirmed the decision of the Stewards on the day to impose a suspension of two racedays and ordered that his deposit be forfeited.
The case was presented by Ms Cliodhna Guy, Head of Legal, Licensing & Compliance. Mr. Dempsey was represented by Patrick Kennedy of Patrick J. O’Meara & Co. Solicitors, Liberty Square, Thurles, Co Tipperary.
Suspension Dates: July 31st and August 1st