Alphonse Le Grande (Ire) (Sea The Stars {Ire}) has been reinstated as the winner of last month's Cesarewitch Handicap at Newmarket after his connections were successful in their appeal against his disqualification, with successful rider Jamie Powell also having his suspension reduced to 20 days.
Apprentice jockey Powell was ruled to have used his whip 10 times in the closing stages, four more than the permitted allowance, and due to the value of the race the Whip Review Committee awarded the historic prize to the original runner-up, Manxman (Ire) (Cracksman {GB}).
However, trainer Cathy O'Leary and owners the Bet Small Win Big Syndicate appealed that decision, as did Powell, who had originally been handed a 28-day suspension.
An independent British Horseracing Authority (BHA) disciplinary panel has now concluded that one of Powell's strikes was not intentional, as he made contact with the horse whilst moving his whip from one hand to the other.
Thriller!
Irish challenger is given the verdict over Manxman in a cracking finish to the £175,000 Cesarewitch @NewmarketRace. pic.twitter.com/5dyEMs3Kb5
— Racing TV (@RacingTV) October 12, 2024
Panel chair Sarah Crowther KC said, “We find that his body position was different to the first nine strikes. It seems to us that he was somewhat crouched and off balance to his left and very low in the saddle.
“Whilst his arm and hand were in the same angle as the previous strikes, the change in body position and the different stride of the horse had the effect of changing the angle of the strike.
“It was common ground, that as Mr Powell retrieved his whip from that strike on the way back, pulling it back towards his right-hand side and bringing it forward, there was contact. It seemed to us the question for us was whether that contact constituted use of the whip.”
Crowther added, “Adopting a pragmatic interpretation of the word 'use' in context of the rules as a whole and from our experience of panel of racing, we find it is not every single contact between a whip and a horse that will amount to a use.
“We do find this is a fact sensitive question and specifically on the facts of this case we find the contact was made in circumstances where Mr Powell was retrieving his stick from the wrong side of the horse and it was effectively an unavoidable contact which could not have had any material impact on the performance of the horse.
“Therefore, we find that in total there were nine uses, three above the permitted level. The horse will be reinstated and the suspension will be 20 days.”
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