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David Marnane / Separate Ways Appeal

David Marnane / Separate Ways Appeal
Galway, 29th July 2010

The Appeals Body, (Division Two), Judge Tony Hunt (in the chair), Paul F. Ronan and Con O’Mahony met in the Turf Club on 10th August 2010 to consider the appeal of David Marnane, trainer of Separate Ways, against the decision of the Stewards at Galway on 29th July 2010 when, following the running of the Guinness Time Handicap, the placing of Separate Ways, who had originally finished first, was reversed with Luttrell Lady, who had originally finished second.  In arriving at their decision, the Stewards were satisfied that Separate Ways had improved his placing in relation to Luttrell Lady as a result of causing interference by taking her ground and causing her rider to check.

The grounds of appeal lodged by Coonan Cawley Solicitors, on behalf of the appellant, were that the Stewards erred in their decision and if any interference was caused (which interference is not admitted) Separate Ways did not improve its placing in relation to the horse or horses with which it is alleged to have interfered with.

Evidence was heard from Colm O’Donoghue, rider of Separate Ways, David Marnane and Joseph O’Brien, rider of Luttrell Lady.

Having considered the evidence the Appeals Body accepted that interference had occurred about 100 yards from the finish and that Separate Ways had taken the ground from Luttrell Lady.  However, they were not satisfied that Separate Ways had improved his placing in relation to Luttrell Lady and as a result they ordered the original placings should stand thereby reversing the decision of the Galway Stewards. 

The result now reads:

First  : Separate Ways
Second  : Luttrell Lady
Third  : Home Secretary (GB)
Fourth  : Designated Decoy

The case was presented by Denis Egan, Chief Executive of the Turf Club.  David Marnane was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.  P.F. O’Donnell, trainer Luttrell Lady, was represented by Robert Coonan, Damien Maguire & Co. Solicitors, Maynooth, Co. Kildare.

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