Fitzgerald appeal on Tuesday Mick Fitzgerald`s appeal against the ban that rules him out of the ride on Marlborough in the Hennessy Cognac Gold Cup will take place at 9.00am next Tuesday, it was announced today.The jockey was handed a six-day suspension for irresponsible riding of a major nature at Cheltenham last Sunday.He was found guilty after his mount Surprising went across Telemoss, almost causing that horse to come down after the third-last flight in the Jockeys Employment & Training Scheme Hurdle.He is out of action from November 27th to December 3rd meaning he would miss both days of the Newbury meeting, which gets under way a week tomorrow.Jockey Club spokesman John Maxse explained why the hearing is taking place on the day on which Fitzgerald`s ban is due to begin.'Mick Fitzgerald`s team accept that a riding offence took place,' he said. 'So they accept there will be at least a one-day suspension so that day will be Tuesday.'Obviously they are coming in to argue the length of suspension and the offence that took place.'Fitzgerald said at the time he thought his punishment was 'fairly harsh'.