Jockey Martin Dwyer will have to wait even longer to see if he can overturn the near two-month suspension handed to him by the Royal Western India Turf Club.

He has been vindicated in so far that his case has been referred back to the stipendiary stewards for further investigation. He is free to ride in the meantime.

Dwyer felt he did not have a fair hearing at the initial inquiry, after which he was banned from April 6 to May 31 over one of his rides at Mahalaxmi racecourse in Mumbai in February.

The jockey, who won the Epsom Derby on Sir Percy in 2006, finished a narrow third on market leader Ice Age in division one of the Ice Magic Plate, prompting an angry response from racegoers.

A head-on video of the race showed Ice Age appearing to drift towards the rail in the closing stages, bumping the eventual runner-up and causing Dwyer to snatch up his mount.

The RWITC stewards called an inquiry and announced the horse was to be deemed a non-starter, with all bets refunded.

At the time, Dwyer suggested his mount was not moving correctly and suffered a nosebleed.

He had expected to be cleared at the inquiry, during which no legal representation was permitted.

"I'm fed up because I had hoped it would be done and dusted today, but I've got to take the positives from it," said Dwyer, who again travelled to India to put forward his case.

"What the appeal board have done has affirmed what I have said from the beginning - that I am innocent of the charges against me and I wasn't afforded a fair hearing at the inquiry.

"It confirms what I have been saying and what I thought. They reached a unanimous decision and have sent it back for another inquiry to see what happens. It's now up to the stipendiary stewards to hold another inquiry.

"I don't know when the new inquiry will be held. Their season ends soon. They have a bit of a break so I have no idea. I've been told it probably won't be heard this month."

PA AAP TURF wb