Nathan Moscrop's appeal against 11-day whip ban in 'double-tapping' case fails

Nathan Moscrop has failed in an appeal against an 11-day ban for using his whip without giving his mount time to respond and for using it above the permitted level in a handicap hurdle at Carlisle last month.

The BHA argued the 33-year-old was guilty of "double-tapping", using the whip twice in quick succession and without giving his mount sufficient time to respond, on two occasions when finishing third aboard Piaff Bubbles on March 26, an argument the independent disciplinary panel ultimately agreed with.

While not disputing that he had "double-tapped" Piaff Bubbles before the last hurdle, Moscrop denied a second breach of the same transgression on the run-in, which he said therefore did not take him one over the permitted number of seven strikes allowed under the new whip rules over jumps.

Discussion centred on Moscrop's whip action, which he said he had adapted to prevent him breaching the new whip rules and which saw him wave the whip twice when going to use it.

The rider said he used his wrist to "break" the initial wave of the whip before making contact with his mount, and instead used that motion to "tee-up" the second strike, helping to ensure the whip landed in the right place on the horse's rear.

Charlotte Davison, representing the BHA, described a rider using their wrist to curtail the use of the whip as a "risky technique" because it did not work every time. She also highlighted how Moscrop told stewards on the day at Carlisle that, in his opinion, he had not breached any rules before later admitting he had in fact used his whip twice in quick succession before the last hurdle. 

"No one is saying you're intentionally breaking the rules, but in this case you've made a number of mistakes," said Davison. "It's a risky technique which did not pay off on this occasion."

New whip rules came in to force over jumps in FebruaryCredit: Alan Crowhurst

In a case which had many similarities to Jamie Moore's successful appeal against a seven-day ban for overuse of the whip in November 2021, which also centred on a rider using a "teeing-up" technique, the panel heard how Moscrop had never previously appealed against a decision by the stewards and that he had gone to great lengths to adapt to the new whip rules introduced in February.   

"As a jockey you're under pressure from owners, trainers, the public eye and the stewards," said the rider. "Things are going well for me, but I have to work hard to abide by the rules and look streamline and tidy as well, and most importantly hit the horse in the right position.

"I respect the rules but there's no discretion and you can't make mistakes. I broke the rules once and held my hands up to that, but the second time I used my wrist as a break and did not hit the horse."

After watching numerous replays the panel, chaired by Timothy Charlton KC, concluded Moscrop had used his whip without giving his mount sufficient time to respond on two separate occasions during the race, and therefore upheld the decision of the Whip Review Committee to suspend Moscrop for 11 days. 

"We've come to the view that you did hit the horse twice in that incident and therefore the decision by the Whip Review Committee was correct," concluded Charlton. "That means the penalty remains as the committee outlined."

Moscrop, who is enjoying his best year in the saddle with 23 winners on the board before racing at Wetherby on Thursday, had his deposit returned and will be unable to ride between April 11-21 inclusive.

Read these next:

49 days worth of whip bans dished out by Whip Review Committee this week 

Relief for Harry Cobden as risk of long totting-up ban recedes under whip rule changes

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