The Appeals Body (Division 1), Joseph Finnegan (in the chair), Joseph M. McGrath, and John Murphy met at the Offices of the Irish Horseracing Regulatory Board (IHRB) on Thursday, 14th June 2018 to consider the Appeal of Barry Browne (Rider) against the decision of the Stewards at Kilbeggan on 5th June, 2018.
On the day, following the running of the Adare Manor Opportunity Maiden Hurdle, the Stewards enquired into the running and riding of Witness Cant State (FR), ridden by B. Browne and trained by Martin Brassil. Having viewed the recording of the race and considered the evidence on the day, the Stewards found that Barry Browne was in breach of Rule 212 A (ii) in that he was not seen to make a genuine attempt to make a timely, real and substantial effort to achieve his best possible place. As a result, the Stewards suspended Barry Browne for 7 racedays and ordered him to forfeit his riding fee.
The grounds of appeal lodged were that Barry Browne did not cause, contribute to or permit the riding of Witness Cant State (FR) in such a way that the horse could not be seen to have been the subject of a genuine attempt to obtain from the horse timely, real and substantial efforts to achieve the best possible place.
Evidence was heard from Barry Browne. The Appeals Body also considered a transcript of the original enquiry and viewed a recording of the race.
In his evidence, Barry Browne outlined the instructions given to him by the trainer which were to jump off handy, stay two off the rails during the race to get the better ground and make the best of his way home from the back of the second last. He said that the horse carried him well throughout the race but that the other horses quickened away from him after the second last. He said he was making no progress in the latter stages of the race and rode the horse out hand and heels keeping the horse balanced in the process. He said that the horse didn’t like the ground and got caught for toeIn the closing stages.
Barry Browne referred to the requirements of Rule 212 and felt that he had made timely effort after the third last and that he had given the horse every chance of obtaining the best possible placing. He felt the horse needed 2 1/2 miles and ran as well as could be expected taking into account the ground and the way the race was run. He accepted that the trainer was not happy with the ride as he felt he could have ridden stronger.
Having considered the evidence, the Appeals Body dismissed the appeal and confirmed the finding of the breach of Rule 212 A (ii) They found that appropriate effort was not made and strongly recommended to Barry Browne that he review his riding style to ensure that he complies with the requirement of the rule in future.
In relation to penalty, the Appeals Body noted that this was the second occasion that Barry Browne had breached the rule. They confirmed the decision of the Stewards to impose a penalty of 7 racedays but ordered that the final two days of the penalty be suspended for six months provided that Barry Browne does not commit a similar offence. In the event that he does breach the rule, they directed at any penalty imposed by either the Stewards or the appropriate disciplinary body shall be increased by the two days at that time. As a result of the above, Barry Browne’s suspension dates are June 20th,22nd, 23rd, 25th and 5th July.
They also ordered that 50 % of his appeal deposit be refunded.
Barry Browne was represented by Andrew Coonan, Coonan Cawley Solicitors, Wolfe Tone House, Naas Town Centre, Naas, Co. Kildare.
The case was presented by Cliodhna Guy, Head of Legal, Compliance & Licensing and Liam Walsh, Stewards Secretary.