Triple Gold Cup winner Best Mate has been prevented from being buried at Exeter racecourse ''because of government legislation'' and he will be cremated instead.

Henrietta Knight's champion collapsed and died of a suspected heart attack after being pulled up on his reappearance in the William Hill Haldon Gold Cup at the Devon track on Tuesday.

Afterwards owner Jim Lewis revealed Best Mate would be buried at Exeter, but official permission was refused.

Lewis said: ''We wanted to have him buried at the racecourse but there is some European legislation which forbids this to happen. There were regulations brought in by the European Parliament following foot and mouth.

''We've made fairly vigorous representations to them from the Exeter directors but we got nowhere at all.

''So the plan now is he'll be cremated, probably tomorrow, then we will have a memorial service for him when we commit the ashes. I guess that would probably be next week.

''We'll have to draw a line and it's someone else's chance to have a good old dream now.''

Three bouquets attached to the running rail now mark the spot where Best Mate fell.

Exeter's managing director, Geoffrey Billson, added: ''We tried very hard to meet the wishes of the owner to have the animal buried here rather than cremated.

''But under European legislation and the Fallen Stock Act, we cannot do that.''

Various agencies, including the Environment Agency, Department for Environment Food and Rural Affairs and Trading Standards, said burial at the racecourse would not be allowed.

''So sadly we are going to have to go to the fall-back option which is having him cremated,'' said Mr Billson.

Vicki Robinson, assistant manager at Exeter, added: ''We are upset we couldn't fulfil the owner's wishes because of government legislation.

''A racehorse, or apparently any equine, is not allowed to be buried in the ground anymore.''

Lewis was moved by the extensive and sensitive coverage Best Mate's death received in the media.

''The tributes in the newspapers were remarkable and I would like to say thank you to all of those people who contributed to that,'' he said.

''Today seems a bit empty and they say you miss them the most when they're gone and we've got to prepare ourselves for that now.

''We've had loads of messages, from all over the world, and it is very moving but it is great support as well.

''We thank everybody for being so supportive. We do appreciate it.''

Best Mate, winner of chasing's blue riband event between 2002 and 2004, is likely to be remembered at the scene of his greatest triumphs in the form of a statue.

Cheltenham's managing director, Edward Gillespie, is keen to acknowledge the horse's accomplishments, and said: ''I'm thinking about a statue because his achievements are up there with Golden Miller and Arkle .

''What I'm very conscious of is that, unlike Desert Orchid, we've all been denied that wonderful roadshow of him in retirement.

''Therefore I believe there is significant appetite for a permanent memorial to Best Mate and that would be a physical memorial so people could go and see him.

''I'm making an assumption our board would feel having a statue here in the same way as we have for Arkle, Golden Miller and Dawn Run would be a good idea and as with each of those it would be funded by enthusiastic supporters.

Gillespie would also like to name a race at Cheltenham in Best Mate's honour.