Cesarewitch to be celebrated in Cheltenham as appeals panel sensationally gives prize back to Alphonse Le Grande
Last month's Cesarewitch resulted in a very late celebration in Cheltenham on Thursday evening, as the syndicate behind Alphonse Le Grande met up to enjoy the weekend's racing, just hours after their horse was reinstated as winner of the Newmarket handicap.
The seven-man Bet Small Win Big Syndicate was originally formed of friends who got into the habit of meeting at Cheltenham's November meeting over many years, so it was a delicious coincidence they were given back their biggest success on the eve of their favourite fixture.
"It's hard to describe, really. Probably a bit of shock and a lot of happiness," said syndicate leader Adrian McAndrew when asked how he felt after an appeals panel ruled the whip had been used only nine times on Alphonse Le Grande in the Cesarewitch, one fewer than is required to trigger disqualification.
"We're just a group of lads, sports people, we're used to winning and losing. We're happy to take anything on the chin once you get fair play, and we had that today. We'll meet the lads down in Cheltenham and there will be a little party."
Alphonse Le Grande was demoted by the Whip Review Committee three days after his Newmarket victory on the grounds that apprentice jockey Jamie Powell had used his whip ten times, four over the limit. The race was awarded to Manxman, beaten a nose, on whom Sean Dylan Bowen had complied with the rules.
But at a three-hour hearing on Thursday, there was much discussion about whether Powell's attempt to use the whip for a tenth time had actually connected. The jockey said he was sure it had missed and that appeared to be backed up by footage, although the quality of the footage was criticised by the panel as "not the best that we've seen".
It was agreed by both sides that, whether or not Powell connected with his downward strike, the whip had then touched the horse as he brought the whip back to his side. Louis Weston, a barrister appearing for the BHA, said that was enough to count as a use, adding that nothing in the rules required a use to be forceful.
But Harry Stewart-Moore, a solicitor representing connections of Alphonse Le Grande, told the panel: "What you're looking for is an intended use, rather than an accidental use of the whip, because that is what the rules are concerned with."
His view evidently prevailed, as the panel chair, Sarah Crowther, ruled: "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."
On the subject of Powell's intended tenth strike, 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."
Crowther praised Powell for describing the race "clearly and cogently" and said his evidence had been "compelling". However, the jockey must now serve a suspension of 20 days and pay a fine of £1,350.
"In fairness to Jamie, it was an unbelievable ride that he gave the horse," McAndrew said. "You're talking about a young apprentice coming from Ireland, never sat on the horse before and probably got booked at a late stage. Hopefully, this brings Jamie back into the game."
But the outcome provoked the ire of Simon Crisford, half of the training team behind Manxman, who described it as "another deeply embarrassing episode for British racing." He added: "It's unfortunate that our horse appears to have been disadvantaged because he's been ridden in compliance with the rules.
"It's difficult to understand the logic behind a finding that contact with the whip was unavoidable when it came about because the jockey was using his whip for the tenth time. It was entirely avoidable. All the jockey had to do was not try to hit his horse ten times by putting his whip down.
"I had understood that the whole point of the revised whip rules was to ensure certainty and clarity. My understanding was that, until today, the rules have been applied on the basis that any contact between whip and horse constituted a hit. Is this panel saying that that approach has been wrong from the start?
"People need clarity. They need to know what the rules are."
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BHA defends whip rule procedure in wake of Alphonse Le Grande Cesarewitch disqualification
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