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Shock as Alphonse Le Grande disqualification overturned on appeal as officials say jockey did NOT break whip rules

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THE original winner of the historic Cesarewitch Handicap has been shockingly reinstated – a month after being disqualified.

The BHA’s whip committee stripped 33-1 shot Alphonse Le Grande of the big Newmarket race after they determined jockey Jamie Powell had used his whip 10 times.

PA
Alphonse Le Grande (noseband) was first past the post but later disqualified from the Cesarewitch[/caption]
PA
But the BHA’s independent appeals board found Jamie Powell had not used his whip 10 times[/caption]

Under current whip rules in this country, if a jockey goes four strokes over the limit of six on the Flat, they face disqualification.

However, the BHA’s independent appeals board found that Powell’s final use of the whip in the closing stages had not made contact with the horse.

The apparent air shot took his whip count below the DQ threshold, meaning the horse would keep the race and his connections their £90,000 in prize-money.

With the whip count being reduced from 10 to nine, Powell will also have eight days shaved off his whopping 28-day ban.

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Appeals panel chair Sarah Crowther said: “We think the BHA has not satisfied us that there was contact as Mr Powell’s arm came back and the whip went across the back of the horse.

“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 for the previous strikes, the change in body position had the effect of changing the angle of the strike.

“As Mr Powell retrieved his whip from that strike, pulling it back towards his right-hand side, there was contact. The question for us was whether that constituted use of the whip.

“Adopting a pragmatic interpretation of the word ‘use’, we find it is not every single contact between a whip and a horse that will amount to use.

“This was effectively an unavoidable contact, which could not have had any material impact on the performance of the horse. In all the circumstances, that contact did not constitute a use.

“Therefore, there were nine uses, three above the permitted level. The horse will be reinstated and the suspension will be 20 days.”

Simon and Ed Crisford’s Manxman was promoted to first after the original hearing on October 15, but he will now be placed second again, meaning his connections lose out on around £50,000 more in prize-money.

More to follow…

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