The Appeals Body (Division 2) Mr. Nicholas Wachman (in the chair), Mr. Anthony Byrne and Mr. John Murphy convened at the Offices of the Irish Horseracing Regulatory Board on Monday 28th November 2022 to consider the appeal of Mr. Patrick Mullins (Rider) against the decision of the Stewards at Punchestown on 20th November 2022.
On the day, following the running of the Mervyn Gray (Pro-Am) INH Flat Race, the Stewards enquired into possible interference in the closing stages of the race and were of the opinion that Lecky Watson, placed first, ridden by Mr. Mullins, had caused interference to Cato Capone, placed second, ridden by Mr. J.J. Codd and as a result of this interference had improved its finishing position. As a consequence, the Stewards reversed the placings of the first two horses and amended the result.
The grounds of appeal lodged by Mr. Mullins was that the Stewards on the day erred in their decision.
At the Appeal Hearing, evidence was heard from Mr. Mullins and Mr. Codd. The committee also watched a recording of the race.
In his evidence, Mr. Mullins stated that, in his opinion, the first contact between the two horses was from Mr. Codd’s mount, Cato Capone, and Mr. Mullins stated that he felt this was a significant factor in the later contact between the two horses. Mr. Mullins explained that his mount had become unbalanced and he was attempting to shift his mount back and that he put his whip down as soon as he felt his mount drifting, at which point he was a head up and that was an advantage he maintained all the way to the line. Mr. Mullins added that he didn’t feel Mr. Codd had to stop riding or he didn’t see any evidence to suggest that Mr. Codd’s horse was making ground again or that he would have definitely won without the interference.
In his evidence, Mr. Codd stated that his mount had received three bumps which had taken away any opportunity for him to win the race and that these bumps had taken him significantly across the track.
Having considered the evidence, the Appeals Body dismissed the appeal.
The case was presented by Mr. Paul Deegan, IHRB Stipendiary Steward. The McNeill Family & Stone Family, owners of Cato Capone, were represented by Mr. Kevin Power of Maurice Power Solicitors, Kilmallock, County Limerick.