LUKE McMahon has expressed his disappointment over losing the appeal against the ‘non-trier’ penalties handed to his son Aubrey and their horse Batcio, following a race at Tramore on New Year’s Day.

Trained by Ted Walsh, Batcio finished sixth of 12 finishers in a maiden hurdle. The raceday stewards found that Aubrey McMahon had not been seen “to a reasonable and informed member of the racing public” to have made a genuine effort to obtain the best possible placing.

The McMahons appealed the decsion and their solicitor argued that a ‘misjudgement’ would have been a more appropriate charge to have brought against the relatively inexperienced rider.

Yesterday the Appeals Body published its decision which said that, while Aubrey McMahon “had not deliberately prevented Batcio from running on its merits ... they were not satisfied that a reasonable and informed member of the racing public would not have arrived at the same view as the stewards with regard to the way thehorse was ridden”.

The rider’s five-day ban and the horse’s 42-day suspension were upheld.

Speaking to The Irish Field on Friday evening, Luke McMahon said: “The penalties did not bother us.

“We believe Aubrey was wronged by the judgement.

“He was ‘done’ because of the perception. And the perception is that he was a non-trier. That’s what the headlines say and that is why we appealed.

“We wanted to ask ‘who is the reasonable and informed member of the racing public?’ but they would not allow us to bring in an independent and experienced racegoer. I have been racing more times than any steward, past or present.

“I saw nothing wrong and neither did plenty of judges whose opinions I respect.

“It’s incredible to think the only ‘non-trier’ case over the entire Christmas period was a 7lb claiming amateur riding his own horse. I think, on the day, a stewards’ secretary could have had a quiet word with Aubrey or, at worst, cautioned him. Aubrey gets up at 6.30am six days a week to ride out and his reputation has been tranished.”

McMahon, a former racecourse bookmaker and believed to be a significant punter, owns a number of high-class horses in training with Willie Mullins. They include Grade 1 winner Whiskey Sour, Cheltenham Festival scorer Bleu Berry and Thursday’s Gowran Park winner Cilaos Emery.

Putting the matter behind him, McMahon said: “We move on, nobody died.”