David Ord makes the case for Constitution Hill going into Saturday's BetMGM Fighting Fifth Hurdle at Newcastle.
Well, your honour, I must start with the defendant’s long, previous, unblemished record.
After all, from December 2021 to the March of this year he won all ten of the races he contested under Rules.
That Grade One-laden sequence included a victory in the 2022 Sky Bet Supreme Novices’ Hurdle which Timeform rate as the best display by a novice hurdler in their long and illustrious history.
A performance figure of 177+ took him to the cusp of being the best two-mile hurdler in their years of assessing horses too. It seemed only a matter of time before he went higher, past Night Nurse and to the top of the hurdling tree.

In the office we were all huddled around the TV sets for the 2023 Champion Hurdle ready for him to smash the 180 barrier and earn another plaque in the hall of fame.
But the nine lengths defeat of State Man fell short of the required mark – still it seemed only a matter of time but somehow the wait goes on and with each passing season, that hope diminishes a little further.
Yet I am here to make the case for him for the BetMGM Fighting Fifth Hurdle on Saturday.
His issues since that, remarkably, only Champion Hurdle success, have been well-documented. An injury, a virus, he’s had his connections scratching their heads and facing the media moments after the odd racecourse gallop has gone awry.
And then this spring some felt the game was up.
He met with his first defeat in the Unibet Champion Hurdle, taking that crashing fall at the top of the hill when seemingly caught out by a hurdle that had been hit by a horse in front of him.
Disappointing but forgivable.
Onto Aintree and a step up to two-and-a-half miles and genuine disbelief as there’s a second, crunching fall. This time two out, as the tempo increased. He simply stood off too far. Nicky Henderson was a confused trainer as the media swarmed around him afterwards.
But there could still be redemption – and onto Punchestown we marched.
And this is the key piece of evidence for the prosecution.
Because this was a day when there were no excuses, when any perceived air of invincibility disappeared. He was recalcitrant before the start, so much so that his trainer felt “he was looking at me saying ‘Dad, I can’t do this again”.

And his capitulation was complete. It looked as if everything was going OK to the third last but one flight later, after a mistake, the petrol tank emptied He cut a sorry sight as he limped home in sixth place.
Was it a case of the previous problems catching up with him? Was his confidence shattered by those two falls? Did he in fact not want it anymore?
Now we won’t know the answer to those three until about five past two on Saturday, but we are now firmly in no excuse territory again.
Because it’s been a clear run for team Constitution Hill this autumn. The equine Specsavers gave him the green light, two racecourse gallops have gone without a hitch and Henderson and the deadpan Nico de Boinville are talking the talk. And so, they should.
Because the 2025 Fighting Fifth boils down to this.
As unlikely as it is, if the eight-year-old is anywhere near his 2022 and 2023 peak he’ll win – and win well.
Even the level he was at for his reappearance last term, that Christmas Hurdle defeat of Lossiemouth, would demand The New Lion has to improve at least five pounds on anything he’s done before to beat him.
Dan Skelton, the latter’s trainer, has been keen to talk up his rival ahead of the big showdown.
“My horse is favourite, but we’ve got to come up to Constitution Hill’s level. I’m not having it the other way, no chance. And the way Nicky is talking, Nicky is saying he’s back to his best, well if he is, then look out. The concentration has to be on what Constitution Hill can do because he’s been there and done it,” he said.
“I was at Worcester and saw him work and he worked very well. If I was his trainer, I’d be very happy so they’ve every right to be talking bullishly. All eyes will be drawn to him.”
He would say that wouldn’t he. But Constitution Hill goes to Newcastle four pounds clear on Timeform weight-adjusted ratings.

Maybe the younger legs of The New Lion will be too much for him, maybe Anzadam is going to emerge from the shadows as a potential Closutton super-sub for the sidelined State Man.
Maybe the fire doesn’t burn within Constitution Hill anymore. But maybe, refreshed, confidence restored and having had a hiccup free preparation, he’s about to do what people in racing love more than anything else and silence the doubters.
There are more of those than before, a growing number seemingly weary of the constant talk and exploration of where he is now and where he might he capable of getting to still.
Plenty talk about him in the past tense.
But on Saturday he’s the highest-rated horse in the Fighting Fifth and the one with proven Grade One form at two miles.
On Tuesday morning he went favourite to win a ninth top-flight prize. Skelton was right about that. As he is the need for the others to improve to get to Constitution Hill’s level.
Let’s hope it’s still high enough to be a potent force in the two-mile division. He’s the best horse in the Fighting Fifth going into it and could well still be at 2.05 on Saturday.
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