Neil Callan appeal on safety grounds against eight-day ban under new whip rules dismissed

Neil Callan has failed in his bid to get a ban imposed under the new whip rules reduced after losing an appeal he mounted on safety grounds.

The experienced rider had been found by the whip review committee to have used the whip seven times on fourth-placed Bruno's Gold in a mile handicap at Windsor last month, one time over the six-strike maximum in a Flat race. Callan was also found to have used the whip with his arm above shoulder height – which he did not dispute – and was banned for eight days in total.

But in an appeal to the disciplinary panel he claimed to have acted after hearing a shout from David Probert on Eminent Hipster, who was being squeezed for room. Callan argued he had been trying to avoid interference on a horse edging across and that the second use of his whip should be discounted.

As the panel watched a video replay of the race, Probert, who was called as a witness, said: "I'd have given a shout, I was getting quite squeezed up. I hoped they'd manoeuvre away from me. I thought I was going to suffer interference."

The BHA claimed that Bruno's Gold was travelling in a straight line, with Probert's mount the one coming across, and that Callan was using the whip for encouragement. Its case was made by Charlotte Davison, who said: "The safety exemption is only in exceptional circumstances, when it is clearly and unequivocally for safety purposes. The BHA says it is quite clear that the second use does not meet this high bar. The BHA says it was clear it was for no reason other than encouragement."

David Probert: called as a witnessCredit: Alan Crowhurst

Callan, who was represented by Rory Mac Neice, felt his mount was drifting and said: "My horse definitely moves. I felt like we were getting close to making contact. It can't be any clearer if you look at my body language. I hear a shout and I need to do something very fast. 

"I've got to be an utmost professional and do immediate action for the safety of horses and riders around me. It wouldn't make sense if I wasn't reacting to something. Because of the circumstance, a jockey shouts from behind, when you hear them shout it's for safety reasons, nothing else. If I didn't react the way I did there's a very real chance Mr Probert could have clipped heels and come down. Safety is paramount."

Callan also claimed the fact he pulled on the right rein at the same time as he used the whip in his left hand was evidence it was done for safety rather than encouragement, likening it to: "If you're driving a car and you try to accelerate with your foot on the brake."

After a hearing via Zoom on Wednesday morning, the panel dismissed the appeal, although Callan's deposit was returned.

Chair Sarah Crowther KC said: "We felt the strict criteria was not met by the facts of this case. We are not satisfied on the balance of probabilities that this use of the whip was part of a safety manoeuvre."

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