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The Appeals Body, Mr Justice Frank Clarke (Chair), Mr Michael Sheahan and Mr Marcus Magnier convened at the offices of the Irish Horseracing Regulatory Board on Tuesday, 30 June 2026 to consider the appeal of Shane Foley (Rider) against the decision of the Raceday Stewards at Naas on 24 June 2026.
On the day following the running of the Irish Stallion Farms EBF (Fillies) Maiden, the Raceday Stewards found Mr Foley, rider of Moonlit Sun, in breach of Rule 214 in that he had ridden improperly and having considered his record (second offence under Rule 214) the Raceday Stewards suspended him for nine racedays.
The grounds of appeal lodged by Mr Foley were that the Raceday Stewards erred in their decision.
At the appeal hearing, evidence was heard from Mr Foley. The Appeals Body also watched a recording of the race.
In his evidence, Mr Foley accepted that he had made a slight misjudgement when he went for a gap that had developed between White Sand Beach, ridden by Wayne Lordan and Elmakaya, ridden by Chris Hayes. However, Mr Foley was of the opinion that he would have travelled through the gap without incident if his mount had not over exaggerated and switched legs at the time. Mr Foley explained that this was his mounts second start and he felt that she was immature, switching leads due to greenness, he also believed that she was feeling the ground on the day and was noted to be sore the following morning. Mr Foley stated that in his opinion the incident was a combination of his horse being tender and feeling the ground, shying away from the horse on her inside.
Having considered the evidence, Justice Frank Clarke delivered the following decision on behalf of the Appeals Body.
“As outlined in preliminary submissions, Mr Foley had been put on notice by the IHRB that in the event this panel was not satisfied that the offence of improper riding is made out, the IHRB would seek that the panel would consider careless riding. Essentially, on that basis, what this hearing comes down to is a determination as to whether there's sufficient evidence to come to the view that this was a deliberate act or to come to the view that it was a careless act. There was undoubtedly interference, it was manifestly clear.
“It is also clear from viewing the video, in the panel's view, the key moment is when Moonlit Sun comes initially into what may or may not be regarded as a gap. What happens subsequent to that does appear to the panel to be actions of the horse itself and not in any way contributed to by the rider.
“So, the real question is the circumstances leading to Moonlit Sun coming into the gap. It does appear to the panel, there was some slight movement of the two other horses in the incident, and they were on either side of that potential gap. It does appear to the panel, that it was an error of judgement to go for the gap in all circumstances, but on the balance of probabilities, the panel is not persuaded that it was a deliberate act on the part of the Rider. But it clearly was an error of judgement in all the circumstances, and therefore applying the Rule, the panel are making a finding of careless riding rather than improper riding.
“The IHRB have outlined that for a second offence of careless riding within the relevant period is four days. The panel is of the view that the careless riding in this case is above the bottom level of careless riding and therefore the penalty should be above four days in normal circumstances and we impose a suspension of six days. Mr Foley should forfeit 50% of his appeal deposit.”
The case was presented by Mr Foley. The IHRB was represented by Ms Christine Traynor BL, IHRB Head of Racing Regulation and Integrity and Mr Andrew Ring, IHRB Stipendiary Steward.
Suspension Dates: 8, 9, 11, 12, 13 and 14 July 2026.