'Lesser of two evils' - Alphonse Le Grande disqualified three days after Cesarewitch victory with jockey banned for 28 days

The disqualification of 33-1 Cesarewitch winner Alphonse Le Grande three days after the historic handicap was run has been dubbed "the lesser of two evils" for punters after a review committee suspended big-race jockey Jamie Powell for 28 days for using his whip four times above the permitted level when winning at Newmarket.

Alphonse Le Grande was disqualified after whip use for which the BHA stressed there was "simply no excuse" and the 7-1 shot Manxman promoted to first, with Aqwaam second, Run For Oscar third and Magellan Strait fourth.

Victory for Manxman also had implications for the tightest of apprentice title races, with Sean Dylan Bowen picking up an additional winner – his 42nd of the season – to move two clear of rival Joe Leavy with just four days remaining.

Alphonse Le Grande becomes the most high-profile disqualification since new rules came into force at the start of last year, making overuse of the whip an offence punishable by the loss of a race.

Powell's ride had been referred to the whip review committee (WRC), which meets twice a week, by the Newmarket stewards after they counted the apprentice appearing to use his whip ten times during the 2m2f handicap.

At a WRC hearing on Tuesday, it was determined that Powell had in fact used the whip ten times and that none of the uses was for safety purposes, which would have mitigated the use of the whip. Connections have seven days to lodge an appeal against the decision.

Jockey Jamie Powell and trainer/groom Cathy O'Leary with the owners of Alphonse Le Grande after the CesarewitchCredit: Edward Whitaker (racingpost.com/photos)

Ed Crisford, who trains the promoted winner in partnership with his father Simon, said the victory was "in unfortunate circumstances" but that he was pleased the result went their way. 

"I'm very happy for Manxman, for the owner Rabbah Racing and for the whole stable that we have been awarded the race," he said. "It's unfortunate circumstances of course and to get the result of any race three days after it has taken place is never ideal.

• Simon Crisford on Cesarewitch fallout: 'I'd imagine there are a lot of disgruntled punters out there - it's a complete mess'

"It's complicated to make the decision on the day, but you would hope that a system and technology can be used to do that in any race and any day rather than having to wait."

Brant Dunshea, the BHA's chief regulatory officer, said disqualification was in the rules to act as a "deterrent against flagrant misuse of the whip" and that there was "simply no excuse for using the whip four times above the permitted level". 

He added: "It is encouraging that there have been so few instances of this being the case since the rule was introduced, with this being only the third time a winner has been disqualified for egregious overuse of the whip."

The Cathy O'Leary trained Alphonse Le Grande was settled as a winner for punters on the day under the first past the post rule. Dunshea said he sympathised with punters who had backed Manxman, but that referring whip decisions was the best way to ensure fairness.

He said: "We understand that some customers will question why this matter cannot be resolved on raceday. However, this would present its own challenges, and the consultation process of the whip review revealed a strong preference from several key audiences that these matters should be handled away from raceday."

The runners in the 2024 Cesarewitch spread right across the trackCredit: Edward Whitaker (racingpost.com/photos)

Dunshea added that the process of referring rides for potential disqualification rather than holding hearings on the day had resulted in suspected whip misuses being discounted "on more than one occasion" and ruling out any potential disqualification.

The decision to review the ride to the WRC rather than adjudicating on the day was supported by Simon Clare, customer communications director for Entain, the parent company of Ladbrokes and Coral.

"It's the lesser of two evils," he said. "At the time of the whip consultation we said that given how rarely this would happen, it would be sensible for the dust to settle and for the race to be reviewed in the cold light of day. What constitutes a use of the whip can be subjective, so you have to be absolutely sure with the decisions so it makes more sense to do it after the event.

"There's always going to be disgruntlement, and that's understandable, but we feel this is the best and clearest approach to take to this."

Powell will be suspended from October 29-31, November 1, 2, 4-9, 11-16, 18-23 and December 2-6. The apprentice was not the only rider to receive a suspension for his use of the whip in the Cesarewitch with Sean Davis banned for 14 days for using his twice above the permitted level on Reverend Hubert.

Neither Powell nor O'Leary's brother Tony Martin could be reached for comment. 

Mixedwave was the first horse to lose a race under the new whip rules after rider Alex Edwards used his whip nine times above the permitted level at Market Rasen in November. Swift Tuttle was disqualified from first place at Doncaster in July after Poppy Wynne used her whip eight times above the permitted level.

What do the whip rules state?

Following the 2022 report into the use of the whip, the rules in British racing were revised. The relevant rules are as follows:

• The whip can be used a maximum of six times in a Flat race or seven times in a jumps race. Any more than this will prompt the stewards to review the ride

• Should the whip be used four times or more above the permitted level, the horse and rider will be disqualified from the race

Read more:

Simon Crisford on Cesarewitch fallout: 'I'd imagine there are a lot of disgruntled punters out there - it's a complete mess' 

Alphonse Le Grande prevails in photo-finish but 33-1 shot could be disqualified after rider breaks whip rules 

Alphonse Le Grande's owners have landed an ante-post touch by winning a race they may yet lose 

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