Controversial Investec Derby outsider Diore Lia will not run in Saturday's Classic after her jockey was prevented from riding.
The lowly-rated filly was set to line up in the premier Classic at Epsom on Saturday under 7lb claiming rider Gina Mangan but, after the BHA stepped in to prevent Mangan taking the ride, owner-breeder Richard Aylward stated he no longer intends to run.
Under a subsection of rule 83, the BHA does have the power "to refuse to accept any declaration of rider for a horse" and they have deemed Mangan nbot fit to ride.
Aylward, who was intending to run the filly to raise money for Great Ormond Street Hospital, told the Racing Post: "The BHA have told us we cannot have Gina Mangan on board on Saturday and, as such, I’m refusing to run the horse now.
"I got a telephone call from Jamie Stier (BHA chief regulatory officer) saying they've made a decision not to allow her to ride in the race and that the horse can run if another jockey is on board, but we’re not allowing her to run now.
"We've had people donate tonight from America to the charity, all on the grounds of the horse being in the race. We're in the Derby to have a go at it, and the BHA have been got to. They’ve changed their mind.
"The BHA was quoted saying there were no rules to prevent her riding. There is no reason she can't ride, she has a licence. They are the saying the occasion is too big for her. She could be dangerous. It's a load of rubbish. It's only another race.
"We can't get another jockey now and probably no jockey who will accept the ride, so the horse won't be running.
"The charity is getting let down. They’re not hurting me, they’re hurting other people.
"The horse could have run a very good race. A lot of money has gone into this in the last two or three years, only for them to do this to me the day before declarations."
Stier said in a statement issued by the BHA: “The BHA has been in contact with Mr Jenkins, the trainer of Diore Lia, and the owner’s representative, regarding Gina Mangan’s participation in the Investec Epsom Derby.
“Following these discussions the connections were informed the BHA has decided under rule (F) 83 that it would be in the best interests of the sport not to accept the declaration of Gina Mangan as the rider of Dolore Lia should she be put forward for the ride in the Investec Derby.
“Everyone involved in horseracing has a responsibility to place the welfare of our participants, both equine and human, first. It is in this context that the decision has been made.
“While risk can never be removed entirely, it is possible to identify factors that can increase risk, and act on them. While Miss Mangan has held her licence for a number of years she remains inexperienced, with only 69 rides and one winner to her name.
"She has never ridden at Epsom and certainly never ridden in a race on the scale and stage of the Derby, with all the unique challenges it presents.”
He continued: “While there are currently no race conditions regarding rider or horse qualification for the Derby, or any other Flat Pattern race in Britain, whether there should be is something that we have already started considering prior to the events of the last seven days, and the specific matter of Miss Mangan’s booking has been under consideration since it became known she would be booked.
“Conditions on qualification exist in the Grand National and we will continue to consider this matter as regards other races, in the interests of protecting the safety and public perception of our participants and most high-profile races.
“We fully understand this will be extremely disappointing for Miss Mangan. However, we believe the decision is the correct one in the best interests of all concerned and the sport.
"Should the BHA have not acted and an incident have occurred, then the disappointment of one rider could have been placed in stark contrast with the potential consequences.”
Mangan had one ride at Kempton on Wednesday evening and picked up a four-day careless riding ban in the apprentice handicap, in which she finished 11th of 14 on Alshan Fajer, a stablemate of Diore Lia.
The Kempton stewards held an enquiry into possible interference on the approach to the first bend after the start of the Racing UK In Stunning HD Apprentice Handicap (click for free replay).
Having heard their evidence and viewed recordings of the race they found that Alshan Fajer had interfered with Classic Mission, ridden by Pierre-Louis Jamin.
The stewards report stated: "Mangan was found in breach of Rule (B) 54.1 and guilty of careless riding in that she allowed her mount to go sharply right-handed towards the rail without taking corrective action, causing Jamin to have to snatch up. They suspended her for four days as follows: Wednesday 14 to Saturday 17 June 2017.