Rule change likely as Killarney void race decision is overturned

Turf Club chief executive Denis Egan has revealed a rewording of the rules is likely following a Turf Club review of the controversial episode that ended in the Killarney stewards' decision to void a race – won by Stars Over The Sea last Thursday – being overturned on appeal.

The Roger Brookhouse-owned six-year-old was reinstated as the winner after the Turf Club chose not to contest the owner's appeal against the decision.

The 1m6f Flat race was voided 20 minutes after the runners had crossed the finishing line and the appeal was lodged on the basis that the local stewards erred in not considering rule 209 in reaching their decision. That rule states the starter's decision as to the fairness of a start is final.

Stars Over The Sea, trained by Henry de Bromhead, got off to a running start after being led in, having been reluctant to line up, and made all to score by five lengths. The race was voided by the stewards because, in their opinion, he had gained an unfair advantage.

When the appeal panel convened after racing at Leopardstown on Thursday, Judge Tony Hunt, chairman of the Appeals Committee, said: "As the Turf Club is not contesting the appeal, we have no option but to allow the appeal."

Hunt suggested the Turf Club should consider a possible rule change, giving the acting stewards at a meeting, rather than the starter, the final say in such circumstances.

A report on the appeal confirmed an investigation will take place, and Egan added: "There is a conflict in the rules and that was one of the issues highlighted at the appeal. We took a view that, in any case where there is a conflict, the advantage has to go to the person who is appealing.

"There are different interpretations of the definition of 'final'. If there are 11 horses facing the wrong way in a 12-horse race and the starter's let them go, there has to be provision in the rules for somebody to jump in and say it wasn’t a fair start.

"Because the rule isn't clear, we decided we wouldn’t contest the appeal. We'll get the rule sorted out. The stewards should have the final say, and that will be made clear when the rule is amended. It's not a major rewording and it should be done in the next few weeks."

Henry de Bromhead: 'We're obviously very pleased with the outcome'Credit: Alan Crowhurst

It is understood the Turf Club had never previously failed to contest an appeal. The final placings of the judge at Killarney were confirmed and the original result stands.

De Bromhead said: "We're obviously very pleased with the outcome."

Bookmaker Paddy Power reported last week the decision to void the race had cost them "well into six figures", while layers at the track were also out of pocket, as were many punters. Racegoers were seen combing the floor and bins for discarded betting slips.

Egan added: "It's far from ideal, but ultimately the appeals body has far more time to consider decisions that are made on the racecourse than the racecourse stewards have.

"The racecourse stewards made a decision based on what they believed was right. Subsequently, a conflict in the rules has come to light."