The Appeals Body, Mr Jack Reardan (Chairman), Mr Marcus Magnier and Mr Raymond McSharry convened at the Offices of the Irish Horseracing Regulatory Board on Tuesday, 27 August 2024 to consider the appeal of Mrs John Harrington (Trainer) and Bronsan Racing (Owner) against the decision of the Raceday Stewards at Gowran Park on Wednesday, 14 August 2024.

On the day, following the running of McEnery Cup Handicap, the Raceday Stewards enquired into possible interference in the closing stages involving Smooth Tom, ridden by A J Slattery, placed first, and Highland Bling, ridden by K G Kennedy, placed second, where it appeared interference may have occurred. Having viewed the recording of the race and considered the evidence, the Raceday Stewards were of the opinion that while Smooth Tom had caused interference to Highland Bling, they were not satisfied that this interference improved his placing, so they made no alteration to the Judge’s placings. 

The grounds of appeal lodged by Mrs Harrington, trainer of Highland Bling and Bronsan Racing, owner of Highland Bling was that the Raceday Stewards on the day erred in their decision.

At the appeal hearing, evidence was heard from Mr Keithen Kennedy, rider of Highland Bling, Mrs Jessica Harrington, Trainer of Highland Bling, A J Slattery, rider of Smooth Tom and Mr Andrew Slattery, trainer of Smooth Tom.

In his evidence, Mr Kennedy stated that when his mount started to get going in the closing stages, he suffered interference from Mr Slattery on Smooth Tom. Mr Kennedy stated that as a consequence of the interference, he had to take a check and switch to his outside causing him to lose ground. Mr Kennedy concluded by stating his mount was closing strong and felt he would have won the race but for the interference that occurred.

In her evidence, Mrs Harrington stated that she felt that Mr Kennedy did have to stop riding and switch and that in her opinion it took two to three strides to regain momentum again. Mrs Harrington stated that, in her opinion, she felt her charge would have got up to win the race in another stride with a clear passage.

In his evidence, A J Slattery accepted that he was in breach of Rule 214, in that he had ridden carelessly. Mr Slattery explained that he felt his mount would have won by several lengths but for the fact that he made a human error in stopping riding close to the line and was embarrassed by this. Mr Slattery was of the opinion that the interference caused made no difference to the judge’s placings.

In his evidence, Mr Andrew Slattery stated that his charge was comfortably on top when passing Highland Bling and that the direction of the running rail made it appear like the interference was worse than it actually was.

Having considered the evidence, the Appeals Body were satisfied that Smooth Tom had not improved his position as a result of the interference and therefore dismissed the appeal.

The appeal was presented by Mr Andrew Coonan of Coonan Cawley Solicitors, Naas, County Kildare, on behalf of Mrs Harrington and Bronsan Racing. The IHRB was represented by Mr Liam Walsh, IHRB Senior Stipendiary Steward and Ms Christine Traynor, IHRB Head of Racing Regulation and Integrity.