The Appeals Body (Division Two), Justice Frank Clarke (in the Chair), John Moloney and C.P. Magnier met at the Turf Club, The Curragh, Co. Kildare on 4th October 2012 to consider an appeal from Wayne Lordan, rider Duntle, against the decision of the Stewards at Leopardstown on 8th September 2012 when, following the running of the Coolmore Fusaichi Pegasus Matron Stakes, he was suspended for two race days for careless riding.

The grounds of appeal lodged by his solicitors, Coonan Cawley, were that “Wayne Lordan did not ride carelessly”. 

Evidence was heard from P.J. Smullen, rider Emulous (GB).  The Appeals Body took into account the evidence which was given at the previous appeal into the result of the race.  Film of the race was also viewed.

Having considered the evidence, the Appeals Body found that it was probable there was a gap which would have entitled Wayne Lordan to go for it but the extent to which Wayne Lordan came off his line out to his right and continued to come out to his right, was a misjudgment in the sense that the term is used in the definition of carless riding.  The Appeals Body accepted that it was not a most serious misjudgment but that it did come within the definition of carless riding.  Therefore the appeal was dismissed.

In relation to penalty, the Appeals Body took into account Wayne Lordan’s record and ordered that the original suspension of two race days remain in place (October 7th and 8th).  They also ordered that his appeal deposit be returned.

Before concluding, the Appeals Body recorded that it was regrettable that both appeals (Wachman/Niarchos Family and Wayne Lordan) were unnecessarily complicated by the fact that there was clearly a mistake made with regard to the positioning of the cameras on the day.  They recommended that appropriate steps be put in place to ensure that there is no reoccurrence of that type in the future.

The case was presented by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.  Wayne Lordan was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.