The Appeals Body (Division 2) Mr. Peter M. Allen (in the chair), Mr. N.B. Wachman and Mr. Laurence McFerran convened via Zoom on Wednesday, 9th February, 2022, to consider the appeal of Mr. Tiernan Power-Roche (Rider) against the decision of the Stewards at the East Down (F) Point to Point fixture on Saturday, 29th January 2022.
On the day, following the running of the G. Curran & Co. LTD Maiden Race for 6-Y-O- & Upwards, the Stewards found Mr. Power Roche, rider of Kilmoganny, in breach of Regulation 58(4)(a) in that he had used his whip without giving his mount time to respond. Having considered his record in this regard, the Stewards suspended Mr. Power-Roche for one raceday.
The grounds of appeal lodged by Mr. Power-Roche was that the Stewards had erred in their decision.
At the Appeal Hearing, evidence was heard from Mr. Alan Mahon, IHRB Stewards Secretary, and Mr. Power-Roche. The panel also viewed a recording of the closing stages of the race.
In his evidence, Mr. Mahon outlined the details from the Stewards Enquiry on the day. He stated that having viewed the race, the Stewards were of the opinion that Mr. Power-Roche had used his whip twice in quick succession without giving his mount time to respond.
In his evidence, Mr. Power-Roche explained that he had only used his whip on one occasion and that on the second occasion his mount had leaned into the whip as they were passing the enclosures. He accepted that when Kilmoganny had leaned in slightly it may have appeared that he had used his whip without allowing his mount time to respond.
Having considered the evidence, the Appeals Body could not be satisfied that Mr. Power-Roche was in breach of Regulation 58(4)(a) and they allowed the appeal and ordered that his deposit be returned.
The case was presented by Mr. Michael Daly, IHRB Regulatory Legal Advisor.