Ms. Fiona McConnell / Chestnut Charlie – Application for Review of Penalty

The Referrals Committee, Dr. Gordon A. Holmes (in the Chair), Mr. Edward Flannery and Mr. P.J.A. O’Connor met at the Turf Club, The Curragh, Co. Kildare on 11th November 2009 to consider the application of Ms. Fiona McConnell, owner of Chestnut Charlie, under the provisions of Rule 275(iv) to review the penalty imposed on Chestnut Charlie on 19th June 2007 by the Referrals Committee.

The Committee considered submissions made by Mr. Andrew Coonan on behalf of Ms. McConnell and the Committee also reviewed all documentation that was considered by the Referrals Committee when the case was originally heard in 2007.

Having considered the evidence the Committee ordered that the non-qualification restriction originally imposed on Chestnut Charlie be lifted and that entries for races run on and after 1st January 2010 would be accepted.

The case was presented by Mr. Denis Egan, Chief Executive of the Turf Club.  Ms. Fiona McConnell was represented by Mr. Andrew Coonan of Coonan Cawley Solicitors, Naas, Co. Kildare.

Editor’s Notes:

1. At a hearing on 19th June 2007, the Referrals Committee found that Chestnut Charlie under the name of the Boxer had run at an unrecognised meeting at Boyle on 27th August 2006.  As a result of running, Rule 87 was breached and Chestnut Charlie was therefore not qualified to run in any races after 27th August 2006.
 
2. Rule 275 (iv) introduced on 15th December 2008 states that “application may be made to the Referrals Committee by the owner of a horse to review any penalty previously imposed on that horse as a consequence of participating at an unrecognised meeting.”