'I’m being accused without concrete evidence' - Patrick Mullins' Cheltenham Festival whip ban halved after successful appeal

Patrick Mullins has been successful in appealing against an element of his eight-day whip ban for his ride on National Hunt Challenge Cup second Embassy Gardens. His suspension halved, meaning he is able to ride at Fairyhouse's Easter festival on Sunday.

Mullins did not dispute he used his whip without giving his mount time to respond but argued against having used the whip in the incorrect place after the second-last fence.

The leading amateur rider demonstrated the variations of whip action to the independent disciplinary hearing on a Zoom call on Thursday morning and felt there was not sufficient and concrete evidence in the footage to say he had used his whip in the incorrect place.

He is now available for all three days of Fairyhouse's big weekend meeting having moved one of his suspended days to April 15 in accordance with BHA rules. He is also on the sidelines next Tuesday, Thursday and Sunday.

Mullins, who has been riding for 18 years and told the panel this was his first whip appeal hearing, said: “Our whips bend in mid air and straighten on contact. The shape of my whip in the footage shows it’s in mid air and when it straightens it will hit the right place.

“The arc of my strike, which is a forwards-backwards motion, suggests I’m going to hit the horse in the right place and I think the camera angle hasn’t helped the stewards.

“The camera is placed before the second-last fence so we’re viewing the incident on a rear angle – you wouldn’t take a photo-finish from that angle because it makes things closer to the camera further up the screen. It hasn’t helped the stewards and created a slight optical illusion as to the position of my horse, while a parallel view would also show my whip is back another couple of inches.

“The BHA has not shown anything that is definitive or conclusive. I’m being accused without concrete evidence and I don’t think that’s fair or just.”

Embassy Gardens: finished second in the National Hunt ChaseCredit: Patrick McCann

Charlotte Davison, representing the BHA, argued the footage did not show Mullins using the whip in the correct place after the second-last fence.

Davison said: “Nobody is suggesting Mr Mullins has done this on purpose but it doesn’t change the fact there is no opportunity for the whip to have landed in the correct place.

“There isn’t a point in the footage where contact is made and it can be in the correct place. This isn’t guesswork, it’s logical inference from the footage.”

In delivering the verdict, chair Tim Grey said: “The conclusion of the panel is we have not been able to say that it is more likely than not that the whip landed in the incorrect place on the horse.

“As far as the appeal is concerned, the BHA has not discharged to the required standard or burden of proof, meaning Mr Mullins’ appeal in relation to the use of the whip in the wrong place is allowed and the four days that were imposed in relation to that element of the complaint no longer apply, and the four days in relation to the time to respond still stands.”

Read more . . .

Mark Walsh and Patrick Mullins to miss crucial days of Fairyhouse Easter Festival after Cheltenham whip bans 

Who will win the 2024 Irish Grand National based on previous trends? 

  Sign up to receive On The Nose, our essential daily newsletter, from the Racing Post. Your unmissable morning feed, direct to your email inbox every morning.