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M.Margolis (Owner) Appeal - Listowel, 11th Sept, 2018

The Appeals Body (Division 2), Mr. Robert Dore (in the chair), Mr. Tom McDonogh and Mr. John Murphy met at the Offices of the Irish Horseracing Regulatory Board (IHRB) on Wednesday 3rd October, 2018 to consider the Appeal of Ms. Melissa Margolis, Owner of Kuiper Belt (USA), against the decision of the Stewards at Listowel on 11th September, 2018.

On the day, following the running of the Liam Healy Memorial Lartigue Hurdle, the Stewards enquired into possible interference between the last two hurdles involving a number of horses, including Gold Seal ridden by E.T. Daly, placed second and Kuiper Belt (USA) ridden by D.F. O’Regan, placed first, where it appeared that Kuiper Belt (USA) in manoeuvring outwards caused interference to Gold Seal.

Having viewed a recording of the race and considered the evidence, the Stewards were satisfied that Kuiper Belt (USA) had improved his placing in relation to Gold Seal as a result of this interference and consequently reversed the placings of those horses. The Stewards were of the opinion that D.F. O’Regan was in breach of Rule 214 having ridden carelessly and suspended him for two racedays.

The grounds of Appeal lodged by Ms. Margolis were that the Stewards were wrong to conclude that Kuiper Belt (USA) had improved his placing as a result of the interference between the last two hurdles.

Evidence was heard from D.F. O’Regan and E.T. Daly. The Appeals Body also considered a transcript of the original evidence and viewed a recording of the race.

In his evidence D.F. O’Regan stated that he was confident that his horse Kuiper Belt (USA) would have beaten Gold Seal in the absence of interference and stated that Gold Seal had plenty of opportunity to pass him on the run in if he was good enough, and that he only won a short head because his horse idled close home.

In his evidence, E.T. Daly stated that the interference had caused him to stop riding momentarily and switch, thereby losing ground and momentum at a vital stage. He added that once he got his horse balanced again and over the last hurdle, he made up a lot of ground on the run in, closing on Kuiper Belt (USA) all the way to the line and only lost out by a short head. In his opinion he would have won but for the interference caused.

Having considered the evidence, the Appeals Body dismissed the appeal and confirmed the result as amended by the Stewards.

First:                Gold Seal

Second:            Kuiper Belt (USA)

Third:               Randalls Ur Poet

Fourth:             Lucky Icon

Fifth:                Torcello

Sixth:               Galtymore

They also ordered that the appeal deposit be forfeited.

The case was presented by Paul Murtagh, Head of Raceday Operation and Ms. Cliodhna Guy, Head of Legal, Licensing & Compliance. Ms. Margolis was represented by Graeme McPherson QC.

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