Mr. Oliver McKiernan,  “Whatuthink” Appeal

Leopardstown,  28th  December,  2008.

The Appeals Body, Division One, Mr. Pat Reidy (in the Chair), Mr. Peter N. Reynolds and Mrs. J.O. Onions, met in the Turf Club Office, The Curragh, Co. Kildare, on Monday, 26th January, 2009, to consider an appeal lodged by Mr. Oliver McKiernan, Trainer, against the decision of the Acting Stewards at Leopardstown on 28th December, 2008, when following the running of the Woodies DIY.com Christmas Hurdle Grade Two Race the Stewards did not alter the Judges placings having held an enquiry into interference following the race in which “Whatuthink”, trained by Mr. McKiernan, had finished second to “Catch Me (GER)”, trained by Mr. E.J. O’Grady.  Evidence was heard from Mr. Oliver McKiernan, Trainer of “Whatuthink”, J.L. Cullen, Rider of “Whatuthink”, Mr. E.J. O’Grady, Trainer of “Catch Me (GER)”, and A.J. McNamara, Rider of “Catch Me (GER)”, while a film of the race was also viewed.

Having considered the evidence the Appeals Body dismissed the Appeal and ordered that Mr. McKiernan’s deposit be forfeited and that he contribute €1,000 towards costs incurred by the Governing Body.

Mr. McKiernan was represented by Mr. Kevin Smith, Smith Foy & Partners Solicitors, Fitzwilliam Square, Dublin 2.  Mr. O’Grady was represented by Mr. Frank Ward, Solicitor.  The case was presented to the Committee by Mr. Denis Egan, Chief Executive of the Turf Club.