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Michael Fogarty Appeal Hearing – Navan 18 March 2013

The Appeals Body (Division Two), Judge Tony Hunt (in the Chair), Myles O’Malley and Charles O’Reilly met at the Stewards Room, Fairyhouse Racecourse, Co. Meath on Tuesday, 2nd April 2013 to consider an appeal from Michael Fogarty, qualified rider. The appeal was against the decision of the Stewards at Navan on 18th March 2013, to suspend him for two race days as a result of being found in breach of Regulation R10 (4), in that he failed to give his mount time to respond following the running of the Cyril Carty Navan Golf President (Pro/Am) Flat Race.

The grounds of appeal lodged by his legal representatives Coonan Cawley were that “our client was not in breach of the said Rules and if he was in breach, which is not accepted, the penalty imposed was excessive”.

Evidence was heard from Michael Fogarty, who said that he gave his horse “four quick flicks” to keep his momentum going close to the line after he had received two bumps in the closing stages of the race. He did this as he was aware that the horse hadn’t found a lot in his previous two runs when asked for an effort. Having reviewed the film of the race again, he now accepted that he was in breach of the regulation as he should have given his mount more time to respond.

Having considered the evidence, the Appeals Body found that Michael Fogarty was in breach of Regulation R10 (4) and dismissed the appeal. They ordered that the original suspension of two racedays remain in place. In addition they ordered that his appeal deposit be forfeited.

Subsequent to the appeal an application was received from Coonan Cawley on behalf of Michael Fogarty to defer the second day of the ban (April 4th) under the provisions of Rule 270 (d)(ii) as Mr. Fogarty was engaged to ride at Aintree on that day when a Grade 1 race was scheduled to be run there.  Therefore the suspensions days are April 3rd and 6th.

The case was presented by Shay Quinn, Stipendiary Steward. Michael Fogarty was represented by Andrew Coonan, Coonan Cawley, solicitors, Naas, Co. Kildare.

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