Bans hit O'Brien title bid

At the moment, Joseph O'Brien is banned for nine of the remaining 15 days of the Flat season.

The co-leader in the apprentice championship with Ben Curtis and Gary Carroll at 33 winners, can yet appeal against both the Listowel referral ban and a three day whip ban incurred at the Curragh on Monday.

J.P. O'Brien Appeal – Dundalk, 5th September 2010

The Appeals Body, Division Two, J.R. Craigie (in the Chair), John Moloney and Mrs. J. O. Onions met in the Turf Club, The Curragh, Co Kildare on 12th October 2010 to consider an appeal from J.P. O'Brien, apprentice jockey, against the ban imposed on him by the Stewards at Dundalk on 5th September 2010 when, following the running of the Fairways Hotel Race and Stay Package Handicap, he was suspended for two race days for careless riding on Bright Horizon (GB). The grounds of Appeal were that he did not ride carelessly.

Evidence was heard from P.J. Smullen, rider of Endless Expanse and K. Latham, rider of Boxer Beat, who were involved in the incident, J.P. O'Brien and A.P. O'Brien, trainer of Bright Horizon (GB) and master of J.P. O'Brien. Videos of the race were also reviewed.

Having considered the evidence, the Appeals Body noted that there was a significant change in evidence today compared to the evidence that was originally given to the Stewards at Dundalk and on that basis the appeal was allowed.

The case was presented by Denis Egan, Chief Executive of the Turf Club, Curragh, Co Kildare. J.P. O'Brien was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co Kildare.

J.P. O'Brien Appeal – Listowel 13th September 2010

The Appeals Body, Division Two, J.R. Craigie (in the Chair), John Moloney and Mrs. J. O. Onions met in the Turf Club, The Curragh, Co Kildare on 12th October 2010 to consider an appeal from J.P. O'Brien, apprentice jockey, against the severity of the ban imposed on him by the Stewards at Listowel on 13th September 2010 when, following the running of the Irish Stallion Farms European Breeders Fund Premier Nursery Handicap, he was suspended for four race days for careless riding. He also appealed the entire validity of the suspension imposed bearing in mind that it appeared from a transcript of the evidence that the Stewards in imposing the four day suspension took into consideration matters which were not properly before them.

Evidence was heard from P.F. Graffin and Paul Murtagh, stewards secretaries at Listowel who confirmed that the Stewards at Listowel did not take into account the two day ban imposed on J.P. O'Brien at Dundalk when imposing the penalty, even though it appeared on his disciplinary record, they confirmed that the Stewards were aware that this ban was under appeal. This fact was also confirmed in writing by John Powell who was Chairman of Stewards at Listowel. An issue had arisen in relation to this as the recording equipment was not working for part of the enquiry.

In relation to the incident, evidence was heard from J.P. O'Brien, rider of Treasure Beach (GB), A.P. O'Brien, trainer of Treasure Beach (GB) and master of J.P. O'Brien and C. O'Donoghue, rider of Jamesie, who was involved in the incident. Videos of the race were also reviewed.

Having considered the evidence, the Appeals Body dismissed the appeal in relation to the validity of the suspension imposed. In arriving at this decision they took into account advices received from Andrew Cody, Legal Assessor. They also dismissed the appeal in relation to the severity of the ban and confirmed the four race day ban (16th, 17th, 20th and 22nd October). They also ordered that a contribution of €500 be paid towards Turf Club costs.

The case was presented by Denis Egan, Chief Executive of the Turf Club, Curragh, Co Kildare. J.P. O'Brien was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co Kildare. Andrew Cody of Reidy, Stafford Solicitors, Newbridge, Co Kildare acted as Legal Assessor.

J.P. O'Brien Referral – Listowel 17th September 2010

The Referrals Committee, Philip Caffrey (in the Chair), J.R. Craigie and John Moloney met in the Turf Club, The Curragh, Co. Kildare on 12th October 2010 to consider the referral of J.P. O'Brien, apprentice jockey, by the Stewards at Listowel on 17th September 2010 when following the running of the Listowel Printing Works Maiden, they were unable to conduct an enquiry into J.P. O'Brien's use of the whip on Battleoftrafalgar (GB) as he had left the track.

Evidence was heard from A.P. O'Brien, trainer of Battleoftrafalgar (GB) and master of J.P. O'Brien, C. O'Donoghue, rider who rode the horse on a previous occasion and J.P. O'Brien. Videos of the race were also reviewed.

Having considered the evidence, the Committee found that J.P. O'Brien was in breach of Regulation R10 as they were of the opinion that he used his whip with excessive frequency. They also found that A.P. O'Brien was in breach of Regulation R10 5 in relation to the instructions given to J.P. O'Brien. They imposed a ban of two race days (6th and 12th November) on J.P. O'Brien and severely cautioned A.P. O'Brien in relation to the instructions given which in the view of the Committee contributed to the breach of the rule.

The case was presented by Denis Egan, Chief Executive of the Turf Club, Curragh, Co Kildare. J.P. O'Brien was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co Kildare.