The Appeals Body (Division 2) Mr. N.B. Wachman (in the chair), Mr. Joseph McGrath and Mr. Philip Caffrey convened at the Offices of the Irish Horseracing Regulatory Board (IHRB) on 9th September 2019 to consider the Appeal of Mr. F. Maguire (Rider) against the decision of the Stewards at Down Royal on 30th August 2019.
On the day, following the running of Tayto Group Ltd. (Mares) INH Flat Race the Stewards interviewed Mr. Maguire, rider of Jelona, concerning his use of the whip in the latter stages of this race. Evidence was heard from the rider concerned. Having viewed a recording of the race and considered the evidence the Stewards were of the opinion that Mr. Maguire was in breach of R10(3)(g) by using his whip with excessive frequency. Having taken his previous record into consideration, the Stewards suspended Mr. Maguire for two racedays.
The grounds of Appeal lodged by Mr. Maguire was that he was not in breach of the Regulations.
Evidence was heard from Mr. Maguire. The Appeals Body also viewed a recording of the race.
In his evidence, Mr. Maguire stated that he had used his whip nine times during the race but that he had needed to use his whip initially as a corrective measure. He said that his mount was having her first run in a race, ran greenly and as a result he felt she drifted left on two occasions just before and after the road crossing. Having tried to correct his mount using his whip down the shoulder, he felt it was necessary to then attempt to correct his mount by using his whip behind the saddle to ensure that she maintained a straight racing line.
Having considered the evidence, the Appeals Body accepted that Mr. Maguire had initially used his whip as a corrective measure and therefore allowed the appeal. They also ordered that the deposit be refunded.
The case was presented by Cliodhna Guy, Head of Legal, Licensing & Compliance. Mr. Maguire was accompanied by Andrew Coonan Solicitor, Wolfe Tone House, Naas, Co Kildare