The Appeals Body (Division Two), N.B. Wachman (in the Chair), Justice Tony Hunt and C.P. Magnier met at the Turf Club, The Curragh, Co. Kildare, on Monday, 14th December, 2015, to consider the appeals of A.P. Crowe, rider, and P.A. Fahy, trainer. The appeals were lodged against the decision of the Acting Stewards at Fairyhouse on 28th November, 2015, when following the running of the Auld Stand Kellys Pub Beginners Steeplechase, both A.P. Crowe, rider, and P.A. Fahy, trainer, were found to be in breach of Rule 212 (a) for failing to take reasonable measures to ensure that the horse Shantou Ed was given a full opportunity to obtain its best possible placing. As a result A.P. Crowe was suspended for seven race days and ordered to forfeit his riding fee, and P.A. Fahy was fined €1,000. Shantou Ed was suspended for 30 days.

The grounds of appeal lodged by P.A. Fahy, trainer, was to disagree with the findings of the Acting Stewards at Fairyhouse that the horse had not been given a full opportunity to obtain its best possible placing. The grounds of appeal lodged by A.P. Crowe, rider, was to appeal the findings of the Acting Stewards at Fairyhouse that the horse had not been given a full opportunity to obtain its best possible placing.

Evidence was heard from A.P. Crowe, rider, and P.A. Fahy, trainer. The Appeals Body also viewed footage of the race.

In his evidence P.A. Fahy, trainer, stated his instructions to A.P. Crowe was to position Shantou Ed in mid division early in the race and gradually improve his position as the race unfolded where he expected the horse to either win or be placed. He was disappointed with the horse’s performance on the day stating that he attributed his poor jumping performance to a fall he had sustained in his previous run seven days earlier at Navan, when on that occasion, the horse had collided with a running rail after parting company with his rider. Mr. Fahy reported that the animal was subsequently examined on 30th November, two days after the race by Anglesey Lodge Equine Hospital where samples were taken for analysis. These were dispatched to Beaufort College Laboratories in Newmarket for further analysis which revealed the horse suffered lung bleeds past and present.

In his evidence A.P. Crowe confirmed the instructions from Mr. Fahy and stated the horse appeared to show signs of a lack of confidence in his jumping where he was slow and deliberate and from Ballyhack on was losing ground as the race unfolded. He stated that he had made some moderate ground after five out but the animal appeared slow and tired and was most disappointed with his performance.

The Committee examined the detail of the veterinary laboratory report carried out by Beaufort College Laboratories Newmarket at the request of Anglesey Lodge Veterinary Clinic. The report of a broncho-alveolar lavage revealed that Shantou Ed had sustained a moderate degree of recent haemorrhage in the alveoli and the bronchi. The report also revealed there being evidence of previous EIPH which in moderately severe cases can be seen with the naked eye and in less severe cases significant blood may only be found at post exercise endoscopic examination. This evidence was not available to the Acting Stewards at Fairyhouse on 28th November. As a consequence the Committee found that P.A. Fahy and A.P. Crowe were not in breach of Rule 212 and ordered that their deposits be refunded. The Committee also requested the Handicapper to take into account the circumstances surrounding this horse’s run.

The case on behalf of the Turf Club was presented by Conal Boyce of Conal Boyce Solicitors, Naas. The case on behalf of P.A. Fahy and A.P. Crowe was presented by Patrick Kennedy of P.J. O’Meara’s Solicitors, Thurles.