The Appeals Body, Mr. Peter N. Reynolds (in the chair), Mr. Noel McCaffrey and Mr. Laurence McFerran convened at the Offices of the Irish Horseracing Regulatory Board on Friday, 6^th January 2023 to consider the appeal of Mr. Daniel Fitzgerald (Rider) against the decision of the Stewards at Naas on 20^th December 2022.

On the day, following the running of the John Thomas McNamara Series (QR) Handicap Hurdle, the Raceday Stewards were satisfied that Mr. Fitzgerald, rider of Johnny Clarke was in breach of Regulation 10.3(b) in that he used his whip after his chance of winning or being placed had clearly gone. Having considered the evidence and his record in this regard, the Raceday Stewards suspended Mr. Fitzgerald for eight racedays.

The grounds of appeal lodged by Mr. Fitzgerald was that the Raceday Stewards on the day erred in their decision.

At the Appeal Hearing, evidence was heard from Mr. Fitzgerald and the committee also watched a recording of the race.

In his evidence, Mr. Fitzgerald outlined the instructions he was given prior to the race which were to be handy throughout the race. Mr. Fitzgerald said he wasn’t in the position he wanted to be and he got carried out wider than he would have liked. Mr. Fitzgerald added that his mount, Johnny Clarke, was wearing cheek-pieces for the first time and that he was familiar with the horse from his homework and he felt that the horse would pick up from the second last hurdle because the field had gone a strong gallop early on but he was then unable to do so due to the heavy ground on the day.

Having considered the evidence, the Appeals Body dismissed the appeal.

The case was presented by Mr. Michael Daly, IHRB Regulatory Legal Advisor.

Suspension Dates: 7^th, 8^th, 12^th, 14^th 15^th, 16^th, 18^th and 19^th January