Michael Kinane was yesterday considering his options regarding a possible appeal against the seven-day ban he picked up at Newmarket on Thursday.
The prized ride on Johannesburg in the Kentucky Derby is on the line but the only words from the jockey yesterday were "no comment".
Top American rider Jerry Bailey remains on standby to take over from Kinane on the pick of the Ballydoyle pair, Johannesburg or Castle Gandolfo.
The Irish rider has until Monday to lodge an appeal against the irresponsible riding charge he picked up on Sahara Desert in the last race on Thursday.
Another option is the legal route whereby Kinane could seek an injuction against the sterwards decison, forcing them to put the dates back.
Aidan O'Brien said he would be talking to Kinane about the situation but the indications are that Kinane's unavailability would not threaten the appearance of the Ballydoyle horses at Churchill Downs on May 4th.
Meanwhile, a final decision will be taken tomorrow on whether racing can take place on the cross country course at the Punchestown Festival next week.
A preliminary inspection found the banks course to be unfit for racing yesterday.
If the track is found to be unfit tomorrow, the Ladies Cup and the La Touche races are likely to be transferred to the ordinary race course.
Nicky Henderson is delighted with the state of the ground at Ayr ahead of Marlborough's tilt at the marathon Gala Casinos Daily Record Scottish Grand National.
The Seven Barrows handler saddles the top-weight in the four mile and one furlong contest and he is sure the good going will suit his horse.
He said: "It will be perfect ground for him, but then it will be perfect for all the horses, it is consistent all round so credit where it is due." Marlborough has only been lightly raced this season, having just two proper runs when third in the Aon Chase at Newbury and fourth in the Tote Cheltenham Gold Cup at the Festival meeting.
The 10-year-old then headed to Aintree for the Martell Grand National but his challenge was cut short when he fell at the first fence.
