Derek Fox free to ride Ahoy Senor in Charlie Hall Chase after winning appeal against ten-day ban

Derek Fox will be able to partner Ahoy Senor in the bet365 Charlie Hall Chase at Wetherby on Saturday after successfully appealing against a ten-day ban imposed on him by stewards at the same course last month.

Fox, 31, had been suspended for failing to take all reasonable measures to ensure his mount Garde Des Champs finished in the best possible position when third on the seven-year-old in a 1m7f handicap chase.

Having initially held a prominent position, Garde Des Champs drifted towards the rear of the field exiting the back straight before running on to take third, beaten four and a half lengths.

While the horse was found to have bled during a second veterinary inspection an hour after the race, it had little impact on the course of the hearing as Fox said he had been unaware of any problem during the race and, as such, it had not impacted how he had ridden the horse.

The BHA argued Fox had misjudged the ride and had not made visible real, timely and substantial effort until after jumping the final fence, by which time the first and second were too far clear to catch.

In response, Fox, who guided Corach Rambler to victory in the Grand National in April, his second win in the race after One For Arthur’s success in 2017, said his horse had been the first off the bridle and was going as fast as he possibly could under continued urging from the saddle.

The question of how much a jockey had to be seen to be making an effort was raised by James O’Mahony, the disciplinary panel chair, who said: “If an experienced jockey decides that a horse is at maximum effort, do you say he has to, by some physical flourish, make it look to everyone at the course and watching on the television that he's doing something?”

Derek Fox: free to ride Ahoy Senor in the Charlie Hall ChaseCredit: Edward Whitaker

Replying to the question, Charlotte Davison, representing the BHA, said: “The rules require him to be seen to be making an effort. Without asking the question, how can he know if the horse had more to give, or not?”

How Fox appeared to be riding led to a fraught exchange between Davison and the jockey. Davison said it was “blatantly clear” that the effort Fox put in after the last was “significantly different” to the rest of the home straight.

However, in response, Fox said: “I don’t accept that; he continues to respond to me physically all the way. I cannot get off and carry the horse – it’s a partnership.

“It’s clear to me, and it should be clear to everyone, that I haven’t been able to match the pace the front horses have shown at the time. At the end of the day, the horse has run a good race, but he didn’t have the pace of the first two.”

Fox’s defence also relied on sectional timing data, with the rider’s representative Rory Mac Neice, saying it showed the horse had maintained a constant speed – backing up the assertion the horse was in top gear – and that those ahead of him had faltered in the closing stages.

“He was running at a consistent pace,” Mac Neice said. “[The] horse was the fastest horse in the final furlong, but he was going exactly the same speed in the second-last furlong. He kept on at the same speed and the front two significantly slowed.

“What we see at Wetherby is an intelligent and experienced rider who understands the track and the horse he’s riding. He rides him patiently to ensure his horse can sustain a challenge.”

After finding in favour of the appeal, O’Mahony added: “We accept Mr Fox’s evidence. We find him to be a truthful and honest witness. The sectional timings are consistent with his account and on real, timely and substantial effort we find in his favour.”

With Fox free from suspension, he is able to resume his partnership with Ahoy Senor on Saturday when the eight-year-old returns for the first time this season. He takes on three rivals, headed by last season's King George VI Chase winner and Cheltenham Gold Cup second Bravemansgame. The field is completed by Midnight River and Gentlemansgame.

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