TRAINER David Broad and jockey Robbie Colgan were successful in their appeal against penalties imposed by the stewards last month over the running and riding of Definite Earl at Ballinrobe.

Following the horse’s second place finish, the stewards decided Colgan did not make sufficient effort and banned him under Rule 212 (‘non-triers’), while Broad was fined €2,000 and the horse banned from running for 60 days.

A hearing held at Punchestown Racecourse took interviews from Colgan, Broad and Davy Russell, who rode Definite Earl on a previous occasion. Film of the race was viewed in conjunction with footage of a previous race where Definite Earl ran at Limerick.

Colgan said his instructions were to jump off behind, get the horse settled and do his best. He said he knew the horse well and had ridden him on six or seven previous occasions. He described the horse as being quirky and referred to the fact that, while he is a good galloper, he does make jumping errors.

In his evidence Broad referred to the mistakes Definite Earl made throughout the race and said he thought the horse would only have finished fifth as they turned out of the back straight, he could not believe Definite Earl had finished second and the owners were full of praise for the ride.

The Appeals Body, chaired by Judge Tony Hunt, concluded that the evidence was not sufficient to prove any offence and therefore allowed both appeals.