Barry Fenton was yesterday handed a 10-day ban for his use of the whip when winning last Saturday's Whitbread Gold Cup on Eulogy. The Irishman follows Timmy Murphy as the second rider to be punished under the rule amendment which came into force on March 1st to cover major races.

The suspension, which encompasses days when jump racing is scheduled to take place between May 1st and May 13th, is the same as Murphy received for his riding of Juyush at Aintree earlier this month.

The ban does not effect the totting up quota of days involving separate racecourse offences.

Fenton, who must also spend a day's instruction at the British Racing School in Newmarket during the summer, had no complaints.

He said: "Obviously I've got a problem. They're sending me back to the apprentice school for a day in June and they're obviously not happy with the way I'm using my whip, so I just have to tidy my act up, basically.

"If they're not happy, then it's obviously not right. In my eyes it maybe right, but in their eyes it's not and the fact that they treated it as a separate incident and does not go on the totting up rules is obviously something I'm happy with.

"I've got a problem where I'm in a tight finish that things go out of the window and the way they want me to use my stick doesn't come naturally to me. When I do get it right I really have to think about it."

The jockey said: "I'll probably go back to Ireland and might ride out at Aidan O'Brien's. When I was off injured last season, before I came back I rode out for him and he asked me if I wanted to come back at any time I could."

Jockey Club spokesman John Maxse said: "The disciplinary committee found that he had hit Eulogy in front of the stifle on several occasions.

"In view of the fact that he had used his whip in the wrong place and that any suspensions handed out by the disciplinary committee after a major race do not effect the rider's totting up total, they felt a 10-day suspension was appropriate.

"A day at the racing school in June is to be arranged so that he can receive instruction to correct his technique."

Fenton had arrived 90 minutes late for his appointment with the disciplinary committee, having missed his intended flight from Ireland where he had been on a short visit.

The stewards accepted that the rider had been unavoidably detained and took no action.

Fenton explained: "I was over looking at horses yesterday and got stuck in traffic in Cork City this morning and missed the flight, so I had to wait and catch the next flight at 12.30."