The Appeals Body (Division 2) Mr. Sean Barry (in the chair) Mr. Anthony Byrne and Mr. John Murphy convened at Punchestown Racecourse on 8th September 2020 to consider the Appeal of Shane Foley (Rider) against the severity of the sanction imposed by the Stewards at Roscommon on 31st August 2020.
On the day, following the running of the Irish EBF Supporting Champions Weekend Fillies Maiden, the Stewards suspended Mr. Foley for two racedays having found him in breach of Regulation 10.3(g), in that he had used him whip with excessive frequency.
Evidence was heard from Mr. Foley and the Appeals Body also watched a recording of the race and a recording of Mr. Foley’s post-race debrief video which was sent to the owner of his mount, Lady Anner.
In his evidence, Mr. Foley accepted that he had used his whip on nine occasions during the race but asserted that the first was a corrective measure as his mount was beginning to drift off a straight line. Mr. Foley outlined how the bit on his mount, Lady Anner, had slipped through her mouth in the closing stages and he felt this was a contributing factor to her hanging in the closing stages. Mr. Foley accepted that he had erred in not reporting that his mount had hung to the Clerk of the Scales.
Having considered the evidence the Appeals Body could not find fault with the decision of the Stewards on the day as they were also of the opinion that Mr. Foley was in breach of Regulation 10.3(g), in that he had used his whip with excessive frequency, they dismissed the appeal and confirmed the suspension of two days. Furthermore, they ordered that the deposit be forfeited and the original suspension dates should stand.
The case was presented by Mr. Liam Walsh, Stipendiary Steward. Mr. Foley was represented by Andrew Coonan of Coonan Cawley Solicitors, Naas Town Centre, Naas, Co Tipperary.