Maguire hoping common sense will prevail

The controversy stems from when Maguire, and conditional jockey Paul Gallagher, took the wrong course during a handicap chase at the Yorkshire track last Sunday.

It happened when the second fence in the back straight was bypassed on the final circuit while paramedics treated Harry Haynes, who had suffered a heavy fall earlier in the race.

While Maguire, and then Gallagher, went to the left of a rail that was positioned in the middle of the track following the fence, the remaining riders went on the correct side according to the rule book – even though it brought them close to the stricken Haynes.

Maguire, who hopes common sense will prevail, believes his actions prevented further injury, and he has sought the advice of the Professional Jockeys’ Association following the ride on the Donald McCain-trained Wolf Moon who he subsequently pulled up.

“They feel strongly that this is not a straightforward case,” said Maguire, speaking ahead of today’s hearing.

“I don’t think the stewards took into account why I went the wrong side. It is a lot easier when you’re in behind and have more time to see what is happening, but I was at the front and had to make a split-second decision.

“It was not as if Harry Haynes was on the right-hand side of the fence, he was very close to the doll. There were other people around him and I was not convinced that there was enough room for the whole field to bypass.

“I have gone the wrong way for a reason – I have got other runners on my inside to consider and my actions may well have prevented another incident.”

Gallagher, formerly attached to Ferdy Murphy’s West Witton yard, has chosen not to appeal.

His case would have been less clearcut. Having initially appeared to be taking the correct course, his mount veered leftwards at the last moment to follow Maguire.

Gallagher, who required hospital treatment after falling in a subsequent race, said yesterday: “Looking at the video a couple of times,I don’t think I have grounds to appeal as I hesitated.”

The jockey, who hopes to resume riding this weekend, added: “I will just take a slap on the wrist and get over it.”

If Maguire loses his appeal, he will face a prolonged period on the sidelines as he also picked up a five-day suspension for overuse of the whip when galvanasing the gallant Ballabriggs to victory in the John Smith’s Grand National earlier this month.

Given that the British Horseracing Authority have received more complaints about Maguire’s whip misuse, rather than the two fatalities that overshadowed this year’s National, the two punishments do appear to be somewhat disproportionate.

Safety is also uppermost in the minds of the National Hunt fraternity as young jockeys Peter Toole and Richard Hawkins remain in intensive care following life-threatening falls earlier this month.

In a significant day on the disciplinary front at the BHA, Kieren Fallon – the six-time Flat champion – will appeal the 10-day ban handed down by the Kempton stewards on Wednesday last week.

Fallon was caught for second place on the James Fanshawe-trained Sukhothai in the final strides of the 1m3f handicap by the fast-finishing Watered Silk.

If the suspension is upheld, he will lose the eye-catching ride on Ed Dunlop’s Native Khan in the 2000 Guineas – the first Classic of the Flat season – on Saturday week.

That ride is now expected to pass to reigning champion jockey Paul Hanagan after his intended mount, the Richard Fahey-trained Wootton Bassett, was withdrawn this week following a niggling training setback.

Injuries to Wootton Bassett, and the presence at the top of the betting market of Henry Cecil’s imposing Frankel, have seen the number of Guineas contenders whittled down from 52 to 19 at the latest acceptance stage.

Frankel’s chief opponents appear to be Jessica Harrington’s Pathfork and David Simcock’s Dream Ahead who won two Group One races last autumn under William Buick.

However, trainer David Simcock warned yesterday that he desperately wants to see some rain for Dream Ahead, who ended the season as the joint top-rated two-year-old with Frankel.

“He’s in good shape, and we are happy with him,” said Simcock. “The forecast isn’t great from our point of view but it only takes a couple of hours of rain.”