The Appeals Body (Division 2) Mr. Peter Law (in the chair) Mr. Anthony Byrne and Mr. N.B. Wachman convened at Naas Racecourse on 2nd March 2021 to consider the Appeal of M.J. Molloy (Rider) against the decision of the Stewards at Punchestown on 11th December 2020.
On the day, following the running of the GAIN Support Laois GAA Beginners Chase, the Stewards suspended Mr. Molloy for 10 racedays having found him in breach of Rule 212A(ii), in that his mount, All The Best, was not seen to be the subject of timely, real and substantial effort to achieve its best possible placing and they suspended the horse, All The Best for 42 days in accordance with the Rule 212C(d).
The grounds of appeal lodged by Mr. Molloy was that the Stewards on the day erred in their decision.
At the Appeal Hearing, evidence was heard from Mr. Molly and Mr. Warren O’Connor, Jockey Coach. The panel also watched a recording of the race.
In his evidence, Mr. Molloy talked the panel through the race in question and provided details of the horse and the ability he had shown. Mr Molloy stated that this was his first ride over fences on the racecourse and was All The Best’s racecourse debut. He gave details of the distance his mount was beaten by Alfa Mix at Punchestown and compared that to the distance he was beaten by the same horse on a subsequent run at Fairyhouse in January when ridden by a professional rider. He stated that his mount could not keep up with the pace of the race at Punchestown as he was not a horse that would ever be able to reach the same level of ability as those horses closer to the front in this race and that he had to encourage his mount to stay in touch down the back straight. He said that in his opinion, this performance was on a par with the other form the horse had shown since and he could not have got the horse to finish any closer on the day without risking the horse to fall.
In his evidence, Mr. O’Connor outlined the work that he has carried out with Mr. Molloy. He said that he has been coaching him for some time and that he was a young rider who was still learning. Mr. O’Connor said that, in his opinion, a number of riders on the day had made mistakes in their judgement which led to a farcical race but that he didn’t think Mr. Molloy could have done much more to improve the finishing position of his mount.
Having considered the evidence, the Appeals Body were not satisfied that Mr. Molloy was in breach of Rule 212(a)(ii) and they allowed the Appeal and as a result they removed the suspension of the horse.
The case was presented by Ms Cliodhna Guy, Head of Legal, Licensing & Compliance. Mr. Molloy was represented by Patrick Kennedy of Patrick J. O’Meara & Co. Solicitors, Liberty Square, Thurles, Co Tipperary.