Callum Shepherd has successfully appealed the 18-day ban imposed by Commissioner Kempton last month.
In a seven-furlong handicap race aboard the David Simcock-trained Thorntondale Max, Shepherd was adjudged to have “failed to take all reasonable and permissible measures with a horse that was in a position to take first place” after Flavour Maker tied at the finish.
Shepherd “completely denied” the claims at the time and appealed the decision to an independent panel of the British Horseracing Authority on Tuesday morning.
During the lengthy psychological session, Shepherd claimed that rather than stopping at the finish line, he lost his balance while using the whip for the final time and climbed into the saddle to regain his rhythm, claiming that his horse “lost no momentum at all” in the process.
He described it as “embarrassing to watch” and “looking like a mess”, but said he continued riding as he tried to get back to his usual style.
“I’ve looked everywhere, and it looks bad, and the first thing I want to say is that this is not common and this is completely unintended,” he said.
The panel agreed with Shepherd's defense and vacated the penalty.
“There is some debate as to whether there was a mistake or whether there was a mistake,” said Dr. James O'Mahony, the committee's chairman.
“We accept the reality of life in sports, especially racing. Everything happens very quickly and every time a rider makes a mistake in judgment, the hearing will continue every day, forever. So we can consider the problem of acceptable explanations when making judgments.
“We found, on the balance of probabilities, that there was some causal loss of rhythm and imbalance between what was seen and what actually happened when Mr. Shepherd took his last step into the saddle, and we could say that by observing the footage with the finest and most minute detail, closely recording the footage from all relevant angles, many times, and at specific times.
“I would like to add that there was no apparent loss of momentum with regard to the horse, and finally I would like to emphasize that this case was decided on its own facts and is not a precedent or ruling on any question of principle that may arise in similar cases in the future.
“Of course, the sanctions have been lifted.
“We add that we have never had the opportunity to review the evidence in such detail during the time available to managers to make decisions.”
