The Appeals Body (Division 2), Mr. N.B Wachman (in the chair), Ms. Mary M. O’Connor and Mr. Philip McLernon convened at the Offices of the Irish Horseracing Regulatory Board (IHRB) on 10^th October 2019 to consider the Appeal of Mr. R.C. Colgan (Rider) against the decision of the Stewards at Listowel on 12^th September 2019. 

On the day, following the running of Byrne Family Handicap, the Stewards enquired into the running and riding of Bigger And Better (GB), placed second, ridden by R.C. Colgan, and trained by A.J. Martin. Having viewed the recording of the race and considered the evidence, the Stewards noted the explanation offered by A.J. Martin. However, they were satisfied that R.C. Colgan was in breach of Rule 212 A (ii), in that he failed to obtain from his mount timely and substantial efforts to achieve the best possible place, and having considered his record in this regard, suspended him for 5 racedays and ordered that he forfeit his riding fee.

The grounds of Appeal lodged by Mr. Colgan was that he was not in breach of the Rule.

Evidence was heard from Mr. Colgan. The Appeals Body also viewed a recording of the race.

In his evidence, Mr. Colgan stated that he thought the horse had a good chance of winning the race. He added that his mount was a large horse with a big stride and suited to large open tracks where his stride was effective. He stated he was flat out on the turn in and didn’t feel that the horse had enough in him to go around the field so made the decision to challenge up the rail. He maintained that he had made all efforts to ensure the horse achieved his best possible place.

Mr. Patrick Kennedy, Solicitor, also made submissions on the requirements of Rule 212 on behalf of Mr. Colgan.

Having considered the evidence, the Appeals Body dismissed the Appeal as they believed the decision of the Acting Stewards in Listowel to find R.C. Colgan in breach of Rule 212A(ii) was justified. They did however increase the suspension imposed to 8 racedays and ordered that he forfeit his riding fee. Furthermore, they ordered that his deposit be forfeited.

The case was presented by Cliodhna Guy, Head of Legal, Licensing & Compliance & Mr. Liam Walsh Stewards Secretary, IHRB.  Mr. Colgan was represented by Patrick Kennedy Solicitor, Patrick J. O’Meara & Co, Thurles, Co. Tipperary.

Suspension Dates: October 18^th, 19^th, 20^th, 22^nd, 23^rd, 25^th, 26^th & 28^th