The Appeals Body (Division Two), Dr. Colm O’Flaherty (in the Chair), Martin P. O’Donnell and Cahir O’Sullivan met at the Stewards room, Curragh racecourse, Co. Kildare on Saturday, 23rd May 2015 to consider an appeal from Rory Cleary, rider, against the decision of the Stewards at Navan on 17th May 2015. On that date the Stewards found that he was in breach of Rule 213 (ii), as he had failed to report at the scales or to a Stewards’ secretary at the earliest opportunity, anything which may have affected the performance of his mount “Ringside Humour” in the Irish Stallion Farms EBF (Fillies) Handicap.

His grounds of appeal were that he did not breach Rule 213(ii), in that the incident which occurred was clearly in view of the Stewards on the day and the matter was in the public domain.

The Appeals Body considered submissions from Andrew Coonan on behalf of Rory Cleary and Hugh Hynes on behalf of the Turf Club. Film of the incident was also viewed.

In his submission Andrew Coonan referred to the incident which necessitated Rory Cleary having to stop riding close to the finish, with the result that he lost third place. He said that Mr Cleary stopped riding to avoid clipping the heels with the horse in front of him. This incident was clearly visible to the Stewards and he felt it was unfair that a penalty of one race day was given for the offence. He also referred to a number of other incidents where riders had not made a report until requested to do so by the Stewards, yet no penalty was imposed for failing to report.

In his submission Hugh Hynes stated that the enquiry at Navan was a specific riding enquiry into why Rory Cleary stopped riding close home causing him to lose third place. He said the enquiry would not have been necessary if Mr Cleary had made a report and that it only became obvious during the enquiry what had actually happened and the reasons for it.

Having considered the evidence, the Appeals Body dismissed the appeal on the basis that the incident related to the placings and that it would not have been necessary to have an enquiry if a report had been made. They ordered that the original penalty of one race day (May 31st, 2015) stand and that the appeal deposit be forfeited.

The case was presented by Hugh Hynes, Stipendiary Steward. Rory Cleary was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.