TED Walsh won his appeal this week against a €3,000 fine imposed by the acting stewards at Wexford on May 17th.

The Walsh-trained Ta Na La was deemed to be a ‘non-trier’ by the raceday stewards after finishing second in a five-runner novice chase. Jockey Shane O’Callaghan was suspended for 14 days and the horse was banned from running from 60 days.

Walsh was not at the track and O’Callaghan told the stewards that he has been instructed by the trainer not to use his whip.

O’Callaghan did not appeal his punishment and on Monday morning Walsh appeared before the Appeals Body which consisted of Justice Siobhan Keegan (in the chair), John Murphy and Nick Wachman.

The trainer told the Appeals Body that under no circumstances was Shane O’Callaghan instructed not to obtain from Ta Na La a timely, real and substantial effort to achieve the best possible placing.

He said his instructions to the jockey were to settle her behind runners as she can run freely and to give her confidence jumping.

Walsh confirmed he was satisfied with the ride his mount had got until they reached the final fence.

The trainer stated that he had instructed O’Callaghan not to use his whip in the event that Ta Na La was going to be well beaten.

While she had outrun expectations and delighted the trainer with her performance, Walsh felt from the last fence O’Callaghan, although achieving his best possible position, didn’t make enough effort to show the racing public that he was achieving his best possible position.

Explaining the reasoning behind the Appeals Body’s decision to allow Walsh’s appeal, Justice Siobhan Keegan noted that the raceday stewards did not ask Walsh’s authorised representative if they were satisfied with the ride.

Given that the trainer had now made clear he was not happy with the ride, the Appeals Body found that Walsh was not in breach of the non-triers rule and so the €3,000 fine was removed.

Justice Keegan added: “It’s accepted by Mr Walsh that the provision of instructions given to his Authorised Representative were not of a standard that, on the face of it, were in within the rules. While no formal charges were put to Mr Walsh under rule 147(v) the Appeals Body reminds Mr Walsh of his obligations in this regard, and it serves as a clear reminder that appropriate instructions must be given in future cases.”

The Appeals Body held that the 60-day ban on Ta Na La should remain, as the raceday stewards are entitled to impose such a restriction in cases where a jockey has not been seen to make sufficient effort and O’Callaghan had not appealed his penalty in that regard.

The appeal was presented by solicitor Kevin Power and the IHRB was represented by Christine Traynor, BL.