The Appeals Body (Division 1) Mr. Justice Joseph Finnegan (in the chair), Mr. Joseph M. McGrath and Mr. John Powell convened at the Offices of the IHRB, The Curragh, Co. Kildare on 14^th October 2019 to consider the Appeals of Patrick G. Kelly (Trainer) and P.J. Cawley (Rider) against the decision of the Acting Stewards at Listowel on 10^th September 2019.

On the day, following the running of the Jet O'Carroll Memorial EBF Mares Maiden Hurdle the Stewards enquired into the running and riding of Costly Diamond, ridden by P.J. Cawley, and trained by Patrick G. Kelly. Evidence was heard from the rider concerned and the trainer's representative, Ms. K. Scott. Having viewed the recording of the race and considered the evidence, the Stewards found that a breach of Rule 212A (ii) had taken place and imposed a fine of €2,000 on the trainer, suspended the rider for 10 racedays and ordered that he forfeit his riding fee and suspended the horse from running for 42 days.

The grounds of Appeal lodged by Mr. Kelly were

• the duty of care and welfare of a horse sustaining recent burst blood vessels during racing; and
• rider error.

The grounds of Appeal lodged by Mr. Cawley was that he was not in breach of Rule 212.

The Appeals Body viewed a recording of the race and heard submissions from Mr. John Cleary, Solicitor, representing both Appellants regarding the conduct of the racecourse enquiry, the terms of Rule 212 and vicarious liability of the Trainer. He also submitted that the horse had been ridden on its merits and no breach of Rule 212 had occurred. Mr. Frank Crean B. L. made submissions on behalf of the IHRB.

Having considered the video evidence and the submissions, the Appeals Body found that the decision of the Stewards was justified in that both Patrick G. Kelly and P.J. Cawley were in breach of Rule 212A(ii). Having considered Mr Kelly’s record and submissions made in mitigation, they imposed a fine of €1,500 and ordered that Costly Diamond be suspended from running for 42 days. Having considered Mr Cawley’s record and submissions made in mitigation, they suspended him for 5 racedays and ordered that he forfeit his riding fee.

The deposits were ordered to be returned and costs of €250 per Appellant were ordered in favour of the IHRB.

The case was presented by Mr. Frank Crean B.L. instructed by Ms. Cliodhna Guy, Head of Legal, Licensing & Compliance & Mr. Liam Walsh Stipendiary Steward, IHRB. Mr. John Cleary of John P. Cleary Solicitors, Ballinasloe, Co. Galway represented Mr. Kelly and Mr. Cawley.

Suspension Dates (P.J. Cawley): 16^th, 17^th, 20^th, 24^th and 26^th October