NEW veterinary evidence was introduced at this week’s Appeals Body hearing which saw trainer Eric McNamara and his son Conor successful in their challenge against ‘non-trier’ penalties imposed on them following a race at Clonmel two weeks earlier.

Following the sixth place finish of Mount Ferns in a novice handicap chase on February 13th, Eric McNamara was fined €6,000 and Conor McNamara banned for 40 days for “deliberately or recklessly” not allowing the horse to run on its merits. The horse was suspended from running for 90 days.

Trainer and jockey lodged an appeal in the belief that the stewards “erred in their decision” and the case was heard on Wednesday in the offices of the Irish Horseracing Regulatory Board.

In his evidence, Eric McNamara stated that while he accepted that Mount Ferns was found to be post-race normal by the racecourse veterinary officer, the horse was lame as he was unloaded from the lorry that evening.

He said his own veterinary surgeon examined Mount Ferns the following day and found the horse to be lame on three legs. Supporting videos and written documentation were supplied to the Appeals Body.

The trainer said he had feared Clonmel might not suit his horse but explained that there was no suitable race with similar conditions again until late March. He added he was satisfied with the ride and felt that the rider did everything in his power, given how badly the horse was hanging.

Conor McNamara told the Appeals Body that Mount Ferns was a difficult ride and had issues with hanging to the right in previous runs. He said the horse became almost uncontrollable as they were coming down the hill the final time at Clonmel.

He felt he did everything in his power to keep the horse straight by adjusting his body weight to the left and tightly grabbing his left rein. He believed he finished the race to the best of his ability and accepted he had failed to report his mount hanging to the right to the Clerk of the Scales after the race.

The Appeals Body also considered a submission from Emmet McNamara which included video evidence of Mount Ferns running in races prior to Clonmel.

Having considered the evidence and the additional submissions made by the appellants, the Appeals Body allowed both appeals.

The Appeals Body consisted of Laurence McFerran (chairman), Robert Dore and Dr Paddy Molony. The case was presented by Christine Traynor BL, IHRB Head of Racing Regulation and Integrity.