THE Turf Club has been advised by the Appeals Body chairman to review the rules in relation to race starts and in particular to consider whether too much leeway is being given to horses who are reluctant to line-up with the other runners or enter stalls.

Justice Tony Hunt issued the call at the end of a short appeal hearing held at Leopardstown on Thursday evening. The Appeals Body ruled that the decision made in Killarney last week to void the result of a flat race was wrong.

The Killarney race was ‘won’ by Stars Over The Sea, who had to be led in to the start while the others stood relatively still and ultimately gained a headstart on the others. Starter Joe Banahan did not recall the field and the early leader went on to win by five lengths. An inquiry was called by the Killarney stewards who decided that the race had not been started in a fair manner and so declared the race void. This caused some confusion in the betting ring as all bets had to be returned and many punters had already discarded their slips.

Roger Brookhouse, owner of Stars Over The Sea, lodged an appeal against their decision and, in what is believed to be an unprecedented move, the Turf Club did not contest the appeal.

Barrister Stephen Lanigan O’Keeffe, instructed by solicitor Andrew Coonan on behalf of Brookhouse, commended the Turf Club for the approach taken. Keeping his case brief, he said Rule 209 (ii) stated clearly “the starter’s decision as to the fairness of a start shall be final’’.

The Appeals Body allowed the appeal and ordered that the original result as declared by the judge be reinstated.

On behalf of the Appeals Body, Justice Hunt said: “It should be acknowledged that the starter has a difficult task and particularly in this race where Stars Over The Sea gave trouble and was reluctant to line up. Every other rider complied with the starter’s instructions, which were designed to accommodate the reluctance of Stars Over The Sea. As a result of the circumstances of the start, the stewards were left with an unsatisfactory situation. The stewards were entitled to enquire into the start as serious issues had arisen which were worthy of discussion by the stewards.

“The time available for such enquiries is limited and the stewards had heard a number of witnesses in a short period of time. Decisions are required to be made by stewards under a certain amount of pressure and, in the circumstances, it was an understandable oversight that the implications of Rule 209 may not have been considered.”

It was noted the Turf Club was not contesting the case based on the rules as they stand. That being the case, it was important the adequacy of the existing rules be reviewed. “Under the rules, the starter must make an immediate and final decision on the fairness of that start. Such finality is not appropriate, as the starter frequently has to perform his duties under pressure, just as in this case.

“It was the Appeals Body’s opinion that the stewards should to have the ultimate right to review matters including making a decision on fairness as they have more opportunity than the starter and can be assisted by review of video and audio evidence to consider and determine whether a start was fair or not,’’ continued Hunt.

The chairman noted that the Turf Club will be carrying out a full investigation into the race and recommended that regard should be taken as to how much leeway should be allowed by the starter to horses that do not line up or are difficult to load into stalls, “as such behaviour is clearly unfair to other horses and riders who are in compliance with starting rules and directions’’.