By Liz Thomas and Chris Johnson
She's off: Treyc Cohen, right, was eliminated from the X Factor tonight but judge and mentor Cheryl Cole refused to vote after Katie Waissel, who is also in her category, also came in the bottom two
First time in show's history as Cheryl refuses to pick an act to send home
Emotional Katie 'collapses' onstage after forgetting her words... but survives
Angry fans vent fury online claiming show was fixed to keep Katie in contest
Cheryl Cole sparked controversy on the X Factor last night when she refused to vote and choose between two of her own singers.
Katie Waissel survived and Treyc Cohen was voted off - but she could have been saved if Cole had voted for her.
If Cole had voted for her, her fate would have been decided by the number of telephone votes.
*** Scroll down to see the video... ***
Decision and indecision: In the end the other three judges had to take a call, with Simon and Louis choosing to save Katie and Dannii voting for Treyc
Viewers last night flooded internet forum claiming it was a 'fix' because X Factor producers wanted to keep Waissel in the competition. Many called for Ofcom - the media regulator - to investigate.
Simon Cowell and Louis Walsh both chose to save Miss Waissel despite admitting she was not the best singer while Dannii opted to save Treyc.
Miss Cole refused to pick between her acts - the first time a judge has done so in the show's history.
Pressing: Host Dermot O'Leary told Cheryl she should make a decision on who to send home as it was her job to do so, but she wouldn't budge
Saying goodbye: Katie and Treyc shared a hug after learning their fate
After asking Simon for his decision first, host Dermot O'Leary then moved on to Cheryl, which seemed to surprise her at being asked second.
She told Katie and Treyc: 'You are both talented women. I am refusing to send anyone home.'
The 27-year-old then said she was prepared to take the vote to deadlock once the other judges had voted, but host Dermot O'Leary instead opted to use the majority rule procedure having already pressed her to make a choice.
The decision fuelled suspicions that producers are keen to keep Miss Waissel in because she makes better television.
But a show spokesman said: 'Dermot was very clear. He asked Cheryl if she was refusing to vote. He told her if she refused it would simply be based on the majority. Those are the rules
Saved by the skin of her teeth: Katie broke down mid performance as she sang for survival and ended up singing in a heap on floor after forgetting some of the lyrics
Swan song: Treyc performed a powerful rendition of Toni Braxton's Unbreak My Heart
Miss Waissel has twice threatened to quit the show as she struggled to cope with the backlash against her.
Fans earlier booed Katie during the tense result, prompting Dannii Minogue to later comment that nobody should be getting such a reception from the audience.
Outraged fans immediately went on internet forums to protest against the result. On Twitter, some demanded the episode is investigated by Ofcom.
On Twitter, EllisOfficial wrote: ‘#XFactor is an absolute fix. It should be investigated by Ofcom. The whole series has been constructed to launch Katie Waissel. FACT.’
alsy77 wrote: ‘I hate Katie Waissel - the judges can’t ignore the will of the people forever. Allons, mes enfants. Man the #xfactor barricade.’
PennyPstop said: ‘Eh? Cheryl makes up new rules and gets away with it? #xfactor Ofcom could get busy...’
Before the storm: Earlier on with her four girls, from left, Cher Lloyd, Katie, Rebecca Ferguson and Treyc
GKMikeTaylor added: ‘People calling X Factor a fix. They’re saying it as if it’s a sudden revelation.’
Fighting for survival Katie performed the track Please Don't Give Up On Me - but tripped over the words halfway through her song.
Clearly distraught, she battled on but lost the words again, ironically as she was singing the lyrics: 'Please don't give up on'.
In a desperate plea she then fell to the ground, sat down and said: 'Oh sod it,' as she continued to sing before breaking off at the end.
Trey performed a powerful rendition of Toni Braxton's Unbreak My Heart. Afterwards Cowell admitted that Treyc was the better singer, but saved Katie saying she was a more interesting performer.
Jumping for joy: Wagner was delighted after making it through again, but received huge boos from the crowd after hearing the happy news
There were huge boos as P.E. teacher Wagner made it through again.
The results show opened with all the contestants performing to the track So What by Pink.
Kylie Minogue, 42, performed her new track Better Than Today on the show, looking sexy in a short red dress and silver stilettos.
Following her rendition, sister Dannii was full of praise for her sibling, giving the performance 'ten out of ten'.
Former X Factor winner Shayne Ward earlier made his comeback with new single Gotta Be Somebody.
The 26-year-old said it was great to be back on the show, before asking fans to download his new track.
Earlier Cheryl told host Dermot O'Leary when asked how the hopefuls are coping: 'I thinking the pressure is really getting to all the contestants now, but in a good way because everyone's stepping up.'
Style wars: Dannii Minogue, right, was back on top tonight in a alluring lace corseted dress while Cheryl took second place in a beige asymmetrical number
All together: The judges walk out at the start of the show, with Dannii flanked by Louis and Cheryl next to Simon
On last night's show Matt Cardle brought the house down with an emotional rendition of The First Time Ever I Saw Your Face.
But after alluding to the song's personal meaning during the show, the painter and decorator later revealed why the Roberta Flack song was so special to his family.
In the ITV2 spin-off show The Xtra Factor, Cardle, 27, told how his mother Jennifer cared for her best friend Sharon's four sons after she died.
He explained: 'My mum's best mate was killed when I was 11 and she had four kids. My mum took on those kids and they absolutely made our family bigger and better.
'The oldest one Julian, his girlfriend was under similar circumstances and they got married a couple of years ago and I sang that as Kate came into the church. The whole day was one of the most emotional days of my life.'
She's back: Kylie Minogue sang her new track Better Than Today and said it was great to be back on the show
Looking good: The Australian star looked fantastic in a sexy little red dress
Matt and his older brother Dominic ended up gaining four brothers Julian, Ben and twins Tom and Rob.
Looking visibly upset as she talked to host Konnie Huq, he admitted he was too caught up in the emotional of it all to even notice the judges had given him a standing ovation.
Following his performance on The X Factor, the judges all gave him high praise, even bringing his mentor Dannii to tears.
She told him: 'You not only had the audience on their feet but all four judges. It was a perfect performance. I wish everyone at home knew the story about why you sang that song.'
Struggling to contain himself after his emotional performance, Matt told host Dermot O'Leary: 'I'm feeling a bit weak. Last week was a real struggle and I just wanted to come out and do my best. I feel so lucky.'
Making a comeback: Former X Factor winner Shane Ward performed his new single Gotta Be Somebody
The show was opened by Cher Lloyd, who last week closed the show with an incredible performance of Shakespears Sister's Stay.
It was always going to be difficult for the 17-year-old to follow what Simon labelled 'the performance of the series', but Cher gave it a shot by bringing her own mix of soulful vocals and rapping ability to the stage.
Up next was Mary Byrne, who has so far wowed both the viewers and the judges with her performances in past live shows.
But again, she struggled to maintain the level she had previously achieved, and didn't do too well with her performance of Faith Hill's There You'll Be.
Katie Waissel followed and performed No Doubt's Don't Speak.
After ending up in the bottom two last week alongside Belle Amie, Katie admitted she was nervous about taking to the stage. But she managed to pull it together for her performance
Ensemble: Rebecca Ferguson, Mary Byrne and Cher Lloyd performed the track So What by Pink with the rest of the X Factor contestants
Aiden Grimshaw was next to take to the stage, and after his poor performance of Michael Jackson's Thriller last week, he was determined to get back on his feet.
But, while some people thought he may have left his intensity at home after the judges urged him to do a 'happy, lively' song, Aiden stuck to what he knew, and performed Nothing Compares 2 U, the Prince song made famous by Sinead O'Connor.
Another of Dannii's boys, Paije Richardson, was next to perform with a unique mash-up of The Monkees' I'm A Believer and Outkast's Hey Ya.
Following his performance, Cheryl told Paije: 'You absolutely made my night. Great song choice, amazing twist. My favourite performance of yours so far.'
Rebecca Ferguson, one of the favourites to win the show, was up next, singing Bob Dylan's Make You Feel My Love.
Heartthrobs: One Direction also performed the track to open the show
And, apart from Matt's performance, Rebecca's rendition went down the best with the judges.
One of the most controversial contestants on the show, Wagner, was next to perform.
After taking on the musical legend that was Elvis Presley, the Brazilian singer decided to mix up Viva Las Vegas and The Wonder Of You.
Treyc Cohen was up next, with a stunning performance of Aerosmith's Don't Wanna Miss A Thing.
Following her song, Louis said: 'You're looking really great tonight. No matter what song you're given you always come out and give it 100 per cent.'
It was up to Simon's one last act, One Direction, to close the show with a lively performance of The Kids Of America.
After the performance, which came complete with hundreds of cheerleaders and matching outfits, Louis said: 'You could be the next big band. I loved everything about the performance. But I have to get my rule book out, this song was not even a hit in America. You cheated, Simon.'
But Simon insisted: 'When you came out it was like sunshine on a beautiful day and then Louis the thunder cloud comes along!'
source: dailymail
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