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Ruaidhri Tierney/Derek Fox - Punchestown, 9 Dec 2012

Ruaidhri Tierney (Authorised Riders Agent) /
Derek Fox (Rider) Referrals – Punchestown, 9th December 2012

The Referrals Committee, Judge Tony Hunt (in the Chair), N.P. Lambert and Mrs. T.K. Cooper met at the Turf Club, The Curragh, Co. Kildare on Monday, 21st January 2013 to consider the referrals of both Ruaidhri Tierney (authorised riders agent) and Derek Fox (rider), as a result of Derek Fox failing to present himself to be weighed out in accordance with the provisions of Rule 196 on Natural Ability at Punchestown on 9th December 2012.  The matter was referred to the Referrals Committee by Denis Egan, Chief Executive of the Turf Club.

Evidence was heard from Derek Fox and Ruadhri Tierney.

In his evidence, Derek Fox accepted that he had not informed his agent that he would be unavailable to ride Natural Ability at Punchestown, as he had agreed to ride for another trainer at Kelso.  He said that he was not contactable by phone on the morning of Friday 7th December 2012 (morning of declaration) as his phone was broken, with the result that Mr. Tierney was unable to contact him to check his availability prior to he being nominated to ride by Mr. Tierney.  He concluded by saying that he had learned a valuable lesson and that he now understood the importance of carrying his phone with him at all times and ensuring that it is in working order.

In his evidence, Ruadhri Tierney accepted that he was in breach of Regulation R3 as he had been unable to check Derek Fox’s availability prior to booking him for the ride, despite leaving messages on his phone and on his employer’s phone.  He said that he eventually got in contact with Derek Fox at lunchtime on Saturday.  Mr. Tierney said that he has stressed to Derek Fox the importance of him being contactable at all times in the future.

Having considered the evidence, the Referrals Committee found that Derek Fox was in breach of Rule 196(v) and Regulation R3 and therefore fined him €300.  They found that Ruaidhri Tierney was in breach of Regulation R3 and, in view of his excellent record, issued him with a severe caution.

The case was presented by Paul Murtagh, Stipendiary Steward.

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