The Appeals Body (Division 2), Mr. N.B. Wachman, (in the chair), Mr. John Powell and Mr. John Murphy met at the Offices of the Irish Horseracing Regulatory Board (IHRB) on Monday 17th December 2018 to consider the Appeal of S.A. Mulcahy (Rider) against the decision of the Stewards at Clonmel on 6th December 2018.
On the day, following the running of the “Adare Manor Opportunity Handicap Hurdle”, the Stewards interviewed Mr. Mulcahy, rider of Shantou Sisu, concerning his use of the whip in the closing stages of the race. Having viewed a recording of the race and considered the evidence, the Stewards were of the opinion that Mr. Mulcahy was in breach of Regulation 10.3(f) in that he had used his whip with excessive frequency. Having taken his previous record in this regard into account, the Stewards suspended Mr. Mulcahy for 4 racedays.
Mr. Andrew Coonan, representing Mr. Mulcahy, confirmed that the appeal was against the severity of the sanction imposed and that his client accepted that he was in breach of Regulation 10.3(f).
Evidence was heard from Mr. Mulcahy, who outlined what had occurred during the closing stages of the race and the adverse impact the sanction would have on him. He further explained that he was working with a jockey coach to address any shortcomings in his riding style. The Appeals Body also viewed a recording of the race and considered a transcript of the original evidence.
Mr. Coonan also made submissions on Mr. Mulcahy’s behalf regarding the impact that a 4 day ban at this time of the year would have on his client.
Having considered the evidence, the Appeals Body found that the Clonmel Stewards had imposed an appropriate sanction in this case and dismissed the Appeal, confirming the suspension of 4 racedays (December 22nd, 26th, 27th, and 28th). There was an application made under Rule 263(iv) for a portion of the deposit to be refunded to Mr. Mulcahy. The Appeals Body ordered that half of the deposit be refunded to Mr. Mulcahy in view of the circumstances of the Appeal.
Mr. Mulcahy was represented by Andrew Coonan of Coonan Cawley Solicitors, Wolfe Tone House, Naas Town Centre, Naas, Co. Kildare.
The case was presented by Paul Murtagh, Head of Raceday Operations.