The Referrals Committee, Justice Tony Hunt, (in the Chair), Philip Caffrey and N.B. Wachman met at the Turf Club, Curragh, Co. Kildare on Monday, 9th October 2017, to consider whether or not there was any breach of Rules following an incident which occurred in the Celtic Steps The Show at Killarney Racecourse Rated Race at Killarney on the 18th July 2017. On the day, the Stewards enquired into possible interference inside the two furlong marker involving St Gallen, ridden by Shane Foley, placed second, Dinkum Diamond, ridden by K.J. Leonard, placed third, Markhan (USA), ridden by O.J. Orr, placed fifth, Secret Wizard, ridden by P.J. Smullen, placed first and Druids Cross, ridden by Anastasia O’Brien who fell at this point. As Anastasia O’Brien was unavailable due to her injuries to give evidence, the Stewards made no alteration to the Judge’s placings and referred the matter to the Turf Club for further investigation.

Evidence was heard from Oisin Orr, Pat Smullen, K.J. Leonard and Shane Foley. The Committee also reviewed video footage of the incident.

In his evidence Oisin Orr said his horse travelled well throughout the race and outlined how he rode in the latter stages of the race. He said he never heard a sound.

In his evidence Pat Smullen said he made the running and was unaware that there had been an incident behind him until he pulled up. He said his horse kept a straight line during the race.

In his evidence, Killian Leonard said his instructions were to jump and be handy and to make the running if possible. He said he travelled well into the race and he did not have to correct his mount from hanging or leaning. He said he was also unaware of any incident until he pulled up and said he heard nothing.

In his evidence Shane Foley outlined his instructions which were to take his time and not to get to the front too soon. He said he was upsides Anastasia O’Brien’s mount when the incident occurred and may have brushed off her horse as both waited for a gap to appear. He accepted his horse had drifted slightly left.

Aidan O’Brien, father of Anastasia O’Brien, was in attendance at the Referral and said he was not in Killarney on the evening and he only saw what was on the film footage of the incident.

Having considered the evidence, the Referrals Committee found that there was insufficient evidence to convict anyone of a riding offence.

The case was presented by Cliodhna Guy, Solicitor, Head of Licensing, Legal & Compliance.