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The Appeals Body, Mr Justice Peter Kelly (Chair), Mr Robert Steele and Mr John Murphy convened at the offices of the Irish Horseracing Regulatory Board on Tuesday, 2 December to consider the appeal of Danny Gilligan (Rider) against the severity of the sanction imposed by the Raceday Stewards at Navan on 17 November 2025.
On the day, following the running of the Kilberry Pub & Kitchen Maiden Hurdle, the Raceday Stewards found Mr Gilligan, rider of Gunnery Sergeant (FR), in breach of Rule 212A(ii) in that he was not seen to have been the subject of a genuine attempt to achieve from his mount, timely, real and substantial efforts to achieve the best possible place. Having considered his record in this regard (first offence), the Raceday Stewards suspended Mr Gilligan for 14 racedays and ordered him to forfeit his riding fee.
At the appeal hearing, submissions were made by Mr Patrick Kennedy on behalf of Mr Gilligan and evidence was heard from Mr Eduardo Martinez, Veterinary Surgeon. The panel also viewed a recording of the race.
In his submissions, Mr Kennedy accepted that Mr Gilligan was in breach of Rule 212 in that Mr Gilligan wasn’t seen to obtain from his mount timely, real and substantial efforts to achieve the best possible place. Mr Kennedy stated that the appeal related only to the severity of the sanction imposed. Mr Kennedy said that Gunnery Sergeant was unfortunately quite a sick horse which was unknown to the Raceday Stewards or anybody else on the day. Mr Kennedy confirmed that veterinary tests taken from Gunnery Sergeant on the morning after the race had confirmed that the horse had a severe bacterial infection.
In his evidence, Mr Martinez confirmed that he was the veterinary surgeon for trainer Gordon Elliott and that he carried out a respiratory endoscopy examination on Gunnery Sergeant on the morning of 18 November at the request of Mr Elliott, Trainer of Gunnery Sergeant. This test revealed mucus in the horses lower respiratory tract, and a lung wash was carried out with samples submitted to the Irish Equine Centre. Mr Martinez confirmed that the results of the samples revealed a severe bacterial infection which is being treated with antibiotics. Mr Martinez stated that it is not unusual for a horse to appear post-race normal when examined shortly afterwards in cases like this, however, in his opinion a horse with a diagnosed severe bacterial infection would not perform at its best in a race.
Having considered all evidence and the submissions made on behalf of Mr Gilligan, the Appeals Body accepted the rider’s admission of a breach of Rule 212A(ii). However, the Appeals Body had also received material veterinary evidence that Gunnery Sergeant was suffering from a significant bacterial infection which had not been identified, diagnosed, or available to the Raceday Stewards at the time. The Appeals Body attached weight to the newly presented evidence and in light of this, the Appeals Body allowed the appeal on sanction and set aside the 14 day rider suspension. The 60-day suspension on Gunnery Sergeant remains in place.
The case was presented by Mr Patrick Kennedy, Patrick J O’Meara & Co Solicitors on behalf of Mr Gilligan. The IHRB was represented by Ms Christine Traynor BL, IHRB Head of Racing Regulation and Integrity and by Mr Liam Walsh, Senior Stipendiary Steward.