The Appeals Body, Mr. Peter M. Allen (Chair), Mr. John Murphy and Mr. Anthony Byrne convened at the Offices of the Irish Horseracing Regulatory Board on Thursday 26^th October 2023 to consider the appeal of R.P. Cleary (Rider) following the decision of the Raceday Stewards at Gowran Park on Monday 16^th October 2023.

Following the running of the Kilkenny Nursery Handicap, the Raceday Stewards found Mr. Cleary, rider of Clever And Cool, was in breach of Regulation 10.3(g) in that he had used his whip with excessive frequency and having considered his record in this regard they suspended him for eight race days.

The grounds of appeal lodged by Mr. Cleary was that there were extenuating circumstances in so far as he had lost an iron during the race and became unbalanced.

At the Appeal Hearing, evidence was heard from Mr. Cleary. The Appeals Body also watched a recording of the race.

In his evidence, Mr. Cleary reviewed the footage and pointed out where he had lost an iron on the turn into the straight which caused him to lose his balance. Mr. Cleary stated that in an effort to get his mount back into the race, he had lost count of the number of times he had used his whip and that it was a genuine error caused by unusual circumstances where he was focussed on maintaining his partnership with his mount.  

Having considered the evidence, the Appeals Body were satisfied that Mr. Cleary was in breach of Regulation 10.3(g) in that he had used his whip with excessive frequency.  However, having considered the circumstances they found there was mitigation on this occasion and therefore reduced Mr. Cleary’s suspension to six racedays.

The appeal was presented by Mr. Andrew Coonan on behalf of Mr. Cleary. The IHRB was represented by Ms. Cliodhna Guy, Head of Licensing Legal and Compliance IHRB.

Suspension dates: 30^th October 1^st, 3^rd, 5^th, 8^th, 10^th November.