Following an appeal by H.J. Horgan (Rider), against the decision of the Raceday Stewards at Dundalk on 16 January 2024 to suspend Mr. Horgan for 16 racedays for a breach of Regulation 10.3(g), in that he had used his whip with excessive frequency, the Appeals Body dismissed the appeal and confirmed the decision of the Raceday Stewards.
In addition to dismissing the appeal, the Appeals Body found Mr. Horgan in breach of two further rules. The Appeals Body imposed a fine of €1,000 in respect of Rule 19A6(viii) having found that Mr. Horgan’s appeal was frivolous in nature, and a second fine of €1,000 in respect of Rule 272(ii) having found that Mr. Horgan’s evidence at the appeal hearing was misleading.
Upon application by the Irish Horseracing Regulatory Board (IHRB), the Directors of the IHRB considered the decision of the Appeals Body to find breaches of Rules at first instance rather than referring the matter to the Referrals Committee. As no appeal lies from a decision made by the Appeals Body and the charges in relation to the frivolous appeal and misleading information were brought during the course of the hearing, the Directors considered that the appellant could not be said to have had sufficient time to consider the charges and his possible defence to same. On that basis, the Directors exercised their power under Rule 20(xvi) to strike out the decisions of the Appeals Body to find Mr. Horgan in breach of Rule 19A6(viii) and Rule 272(ii) and Mr. Horgan’s disciplinary record has been updated accordingly.