Winston left disappointed after losing his ban appeal

Robert Winston has failed in his bid to overturn the 22-day whip ban he received at Southwell last Thursday.

Winston was banned for misusing his whip aboard Zenarinda, who finished a neck second in the Follow Us On Twitter @bluesq Handicap, and his subsequent appeal was dismissed by a disciplinary panel of the British Horseracing Authority yesterday morning.

The jockey was found to have used his whip excessively, and down the shoulder in the forehand position.

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His punishment was so severe as it was his second such offence within the previous 12 months and the BHA confirmed that the suspension would remain at 22 days, although they did return Winston’s deposit.

The Panel accepted the seven hits behind the saddle in the straight, but found that the further three hits in the forehand position down the shoulder were unnecessary as exceptional circumstances did not prevail.

Winston was represented by solicitor Rory Mac Neice, who was disappointed at the outcome.

He said: “Ultimately, the appeal was fought on two bases.

“One was that the three slaps down the shoulder, which everyone accepted were very light, were in order to keep the horse straight and to prevent her from hanging.

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“In the appeal we showed the horse’s previous race in which she was ridden by Tom Eaves. He kept both hands on the reins and the horse hung right away across the track.

“The horse kept straight after Robert slapped her three times down the shoulder. The BHA rejected that, but it is not entirely clear to us why.

“We then addressed them on the issue of penalty. The primary issue was that the BHA asked the panel to ban Robert for 22 days.

“That was grossly disproportionate to the wrongdoing they had found Robert in breach of, which was hitting the horse three times down the shoulder.

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“I have asked the BHA to provide an explanation as to why 22 days was proportionate.

“The entry point of 22 days requested by the BHA for this offence is more than the entry point for a jockey who ignores a vet’s instruction and rides a lame horse back to the stables from the start.

“The entry point for that is 11 days. And that would be in circumstances when there is a clear threat to a horse’s welfare.

“Three slaps down the shoulder has, according to the BHA an entry point of 22 days. We have asked them to justify that and to demonstrate why it is proportionate.”

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Mac Neice also revealed that Fergal Lynch has submitted an application to the BHA in a bid to regain his British riding licence.

Lynch, who was acquitted on alleged race-fixing charges in December 2007 when a trial at the Old Bailey collapsed, was given a £50,000 fine as part of a plea bargain with the BHA in 2009 after he admitted stopping a horse, supplying inside information about six of his rides, and associating with the disqualified Miles Rodgers.

He moved to America in 2008, but in July 2009 his licence was withdrawn at Philadelphia Park, where he had been a leading rider.

Lynch has recently been riding on a Spanish licence in Ireland.

His most recent application to be granted a British riding licence was turned down last March.

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