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Tuscan Evening – Hubie De Burgh/John Joseph Murphy Appeals- Curragh 25th May 2008


The Appeals Body (Division One), Mr. Ronan Keane (in the Chair), Dr. Gordon Holmes and Mr. Cahir E. O’Sullivan met in the Turf Club Offices, The Curragh, Co. Kildare on 28th July to consider the appeals of Mr. Hubie de Burgh, owner and John Joseph Murphy, trainer of Tuscan Evening against the decision of the Acting Stewards at the Curragh on 25th May 2008 when following the running of the Boylesports Irish 1,000 Guineas, Tuscan Evening which finished 2nd in the race was demoted to 4th place as the Stewards were of the opinion that she (Tuscan Evening) had improved her ultimate placing in the race in relation to Carribean Sunset as a result of causing interference.

The grounds of appeal were that;

1. The hearing before the (Curragh) stewards was null, void and of no effect in that the hearing failed to comply with the procedures and the principles of natural justice, in that it commenced and was substantially completed before, John Joseph Murphy, as trainer of the horse (Tuscan Evening), was present at the enquiry, and, in his absence, substantive evidence was given to the enquiry by the trainer of Carribean Sunset and others.
2. There was no material interference and in the event that there was interference, such alleged interference did not improve the placing of Tuscan Evening in relation to Carribean Sunset.

Evidence was heard from John Joseph Murphy trainer Tuscan Evening, Ms. Marianne Waters, secretarial assistant at the Curragh, Lorcan Wyer, Stewards Secretary at the Curragh, Ms. Fiona Goor, office manager for Mr. Hubie de Burgh, D.M. Grant, rider Tuscan Evening, R.L. Moore rider Carribean Sunset and D.K. Weld, trainer Carribean Sunset.

 Videos of the race were also viewed.

Having considered the evidence the Appeals Body found that;-
i) Having regard to all the circumstances of the case there was no issue that the procedures adapted were contrary to the principle of natural justice and that, this matter was more than adequately dealt with by the detailed hearing today.
ii) There was interference between Tuscan Evening and Carribean Sunset which began in the final furlong and continued to the finishing line.
iii) On the balance of probabilities the interference did affect the ultimate placing of Carribean Sunset in relation to Tuscan Evening and as such they dismissed the appeal and ordered that the result as amended by the Acting Stewards at the Curragh should stand to read as follows ;-

1st – Halfway to Heaven
2nd – Mad About You
3rd – Carribean Sunset
4th – Tuscan Evening

They ordered that the Appellants pay costs of €1,000 towards the costs associated with the attendance of R.L. Moore at the hearing.  They further ordered that the Appellants deposits be refunded.  

The case was presented to the Committee by Mr. Brian Price, Wilkinson and Price Solicitors, Naas, Co. Kildare.  The Turf Club was represented by Mr. Fergal Kavanagh S.C. instructed by Mr. Brian Price.  Mr. Hubie de Burgh and John Joseph Murphy were represented by Mr. Oisin Collins BL, instructed by Mr. Mark O’Shaughnessy, William Fry Solicitors, Dublin 2.  Mr. D.K. Weld was represented by Mr. Eugene Gleeson S.C. instructed by Mr. Liam Guidera, Frank Ward & Co. Solicitors, Dublin 7.

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