THE Turf Club Appeals Panel today overturned the penalties imposed on two trainers and one jockey over alleged breaches of the ‘non-trier’ rule at Gowran Park on March 11th.

A seven-day ban for jockey Barry John Foley and €2,000 fines for trainers Declan Queally and Matthew Smith were quashed by the Appeals Panel but jockey Andrew Lynch lost his appeal and will start a five-day ban this Thursday while his mount remains suspended for 42 days.

Today’s appeals centred on a four-runner beginners chase won by odds-on favourite General Principle last month. The field was soon reduced to three when second favourite Dicosimo fell but the other two runners – Cloudy Morning and Theturnofthesun – never threatened the winner who came home an eased-down nine-length winner.

The raceday stewards found connections of both placed horses to have breached Rule 212, which was redrafted earlier this year and now requires jockeys to “be seen to have been the subject of a genuine attempt to obtain from the horse timely, real and substantial efforts to achieve the best possible place.”

Although Foley and Queally, connections of Cloudy Morning, were completely successful in their appeal they were informed afterwards that they are likely to face fresh charges relating to using the racecourse as a schooling ground. The new rule allows the Turf Club to do this where “the evidence and materials presented disclose a possible breach of rule different to the one initially under consideration.”

Solicitor Kevin Power, who represented Foley and Queally, said: “We won the appeal but now it looks like we are going to get charged with something else. It’s similar to the Pyromaniac case where they’ve made a different finding in the appeal. It’s hard, you come up and defend yourself on one thing and then they change it around and try and get you on something else.”

Queally added: “We were happy with the result and we thought we got a fair hearing but now it looks like we may have to answer to something else. It’s hard for us to come up here and give up a whole morning and afternoon. I only have a small yard and I’ve been away for most of the day. Barry John has his own things to do as well. He could have been off earning some money doing something else. Now we may have to give up another day.”

Solicitor Andrew Coonan represented Smith and Lynch and was less than satisfied with the result. He said: “I think we are into a very difficult situation within racing now when you look at this case. You have a horse that finished where the handicapper expected him to finish, you have a trainer found not guilty in breach of the rules and yet the rider has got a five-day suspension and the owner has his horse suspended for 42 days.

“I find that strange. I find it hard to understand the logic and I’d find it hard to explain the decision to the owners of the horse. I am a bit bewildered by the interpretation of the rule itself.”

The Appeals Panel consisted of chairman Joe Finnegan, Peter Reynolds and Nick Wachman. In arriving at their verdict on Andrew Lynch they concentrated on the jockey’s performance after the final fence and found that he had not made a genuine attempt to achieve the best possible finishing position.

READ MORE ABOUT HOW THE APPEALS PLAYED OUT IN THE IRISH FIELD NEXT SATURDAY