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C.D. Hayes (Rider) Referral – Roscommon 19th August 2019

The Referrals Committee Mr. Laurence McFerran (in the chair), Mr. M.C. Hickey and Mr. N.P. Lambert convened at the Offices of the Irish Horseracing Regulatory Board (IHRB), Co. Kildare on 2nd September 2019 to consider the referral of C.D. Hayes (Rider) by the Stewards at Roscommon on 19th August 2019.


On the day, following the running of the Foran Equine Irish EBF Auction Race the Stewards wished to interview C.D. Hayes, rider of Helvic Dream, concerning his use of the whip in the latter stages of the race.  Mr. Hayes accepted that he had at least three previous breaches of Regulation 10 since the new Whip Regulations came into effect. Having considered the riders acceptance of his disciplinary record in relation to Regulation 10, the Stewards pursuant to Regulation R10.6 referred the matter to the Referrals Committee for consideration.


Evidence was heard from Mr. Hayes, Mr. William Sharp, veterinary surgeon to Noel Meade (Trainer) and Dr. Lynn Hillyer, IHRB Chief Veterinary Officer/Head Of Anti-Doping The Referrals Committee also viewed footage of the race and photographic evidence.


In his evidence, Mr. Hayes confirmed that he had used his whip four times during this race and felt he had done so in an appropriate manner. He accepted the photographic evidence that showed his whip had marked his mount and added that he was later informed by a member of Noel Meade’s staff that Helvic Dream had a skin allergy.


In his evidence, Mr. Sharp outlined his veterinary experience and confirmed that he was Mr. Meade’s veterinary surgeon and was familiar with Helvic Dream. He stated that he provided a certificate to accompany Helvic Dream to the races to confirm that his skin condition was consistent with a bacterial folliculitis. It was in his opinion that Helvic Dream had been marked by the whip as a result of him having sensitive skin.


Dr. Hillyer stated that Helvic Dream had been presented to run at Galway on 4th August with lesions on his neck and flank for which a certificate was produced confirming that it was not contagious. The horse subsequently ran at Roscommon on 19th August and returned after the race with significant whip marks which were clearly visible on the skin. It was in her opinion that, the most likely explanations for the marks was excessive force.


Having considered the evidence, the Referrals Committee found Mr. Hayes to be in breach of Regulation 10.3(h) in that he had used his whip with his arm above shoulder height. They added that due to the evidence they were unable to be satisfied that Mr. Hayes was in breach of using his whip with excessive force. Considering his record in this regard they imposed a suspension of six days.


The case was presented by Liam Walsh, Stewards Secretary and Cliodhna Guy, Head of Legal, Licensing & Compliance. Mr. Hayes was represented by Patrick Kennedy of Patrick J. O'Meara & Co. Solicitors, Liberty Square, Thurles, Co Tipperary.

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